By clicking "I accept", you agree to be personally bound by these terms and conditions, whether for yourself or on behalf of a minor (as determined by the jurisdiction in which you reside), if you are registering on behalf of a minor. By clicking "I accept", you represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction, if it is not 18), and if you are registering on behalf of a minor, that you are their legal guardian.If you, or a user on whose behalf you register, breaches these terms and conditions, you acknowledge that we may immediately suspend or terminate your account, without refund, and take appropriate legal action (if we choose) against you alone. Further you acknowledge that Dietary Solutions is entitled to suspend or terminate your use of the Website or membership at any time if the Dietary Solutions Directors consider that you have brought, or may bring, the reputation of the Dietary Solutions program or its members into disrepute.
Accounts:
Upon registration to Dietary Solutions, you will be required to provide a password and will be allocated an account. You must not disclose this to anyone else or allow anyone else to use your account and password. You are entirely responsible for any access to your account, and acknowledge that any access to or use of your account by means of the password associated with that account is deemed to be access or use by you.
Accounts are subject to acceptance by us. Acceptance and continued access to our service is always subject to payment first being made by you. We reserve the right to terminate your access to our service if you are not up to date with any payment that may be overdue.
You may close your account at any time and cease further additional payments by cancelling all of your members' subscriptions.
You will be charged AU$0.70 per member for each day of access they receive, starting on the day you register them. Each member will continue to be charged at this rate for as long as you grant them access.
It is your responsibility to manage your members' access to their plans.
All fees are non cancellable, non transferable and non refundable except as expressly set out in these terms and conditions. This non refundable policy applies irrespective if your personal circumstances change after you have joined the Program or if you have chosen not to access the Program.
Your Responsibility to Your Members:
You agree to provide your members with our meal plans at your own risk.
It is your responsibility to advise your members of the following;
This service is for information only and is not intended to replace the advice of a medical professional. Please consult with your Doctor before starting any weight loss program and do not begin any exercise routine unless you have your Doctor’s clearance.
In particular, if you fall within one of the following classes of persons, then you should first consult a healthcare professional before following any nutritional program or using any of the information on the Website:
Pregnant women and women who are breastfeeding or who are trying to conceive a child;
Persons with any on going physical condition such as:Persons suffering from cancer or other long term illness;
Persons with liver disease, kidney disease, or renal failure,Persons with eating disorders;
Persons with diabetes, blood pressure or cholesterol issues;
Elderly persons;
Persons recovering from or recently recovered from illness or injury;
and Persons with a low body mass index.
Your total weight loss will depend upon your circumstances, the amount of calories that you consume on a daily basis, your determination, your activity level, and the duration of your efforts to lose weight.
We also recommend talking to your Doctor if your baby suffers from Colic before starting any diet plan as certain foods may exacerbate the colic if you are breastfeeding. Always speak to your doctor before changing your diet, taking any supplements or undertaking any exercise program.
The information on this site is for reference only and is not medical advice and should not be treated as such, and is not intended in any way as a substitute for professional medical advice.
The owners of Dietary Solutions do not make any representations or warranties, express or implied and shall have no liability or responsibility to any person or entity with respect to any loss or damage caused or alleged to be caused directly or indirectly by the information contained herein and nothing in this disclaimer will limit or exclude any liability for death or personal injury resulting from negligence, limit or exclude any liability for fraud or fraudulent misrepresentation, limit any liabilities in any way that is not permitted under applicable law or exclude any liabilities that may not be excluded under applicable law.
Support Services
Dietary Solutions provides support services only to you, the account holder of the platform.
Dietary Solutions does not provide support services to your members, clients or customers who have been added to your platform.
It is your responsibility to provide all support services to any individual on your platform. This includes, but is not limited to, answering customer enquiries, changing passwords and managing subscriptions.
To support your customer service experience, Dietary Solutions provides an online knowledge guide available at https://mymealplan.zendesk.com/hc/en-us Any member on any platform may access this guide by clicking on the 'help' icon.
The knowledge guide is offered for general information purposes only and does not constitute medical or professional advice.
Any email enquiries we receive directly from members of an account holder's platform will not be answered and may be forwarded to the relevant platform holder.
Nutritional Information
Nutritional information provided on the Website is taken from sources provided by third parties, including the Food Standards Australia New Zealand (FSANZ) NUTTAB 2010 guide to nutrient content. Before relying on any nutritional information on the Website, you should carefully evaluate the accuracy, completeness and relevance of this information for your purposes, and consider the need to obtain appropriate expert advice relevant to your circumstances. FSANZ has made considerable effort to ensure the quality of information in NUTTAB 2010, however, none of Dietary Solutions or any other provider of nutritional information on the Website gives any warranty that the information is free from error or suitable for your purposes.
There are limitations associated with food composition databases. Nutrient data published in a database such as NUTTAB 2010 may represent an average of the nutrient content of a particular sample of foods and ingredients, determined at a particular time. The nutrient composition of foods and ingredients can vary substantially between batches and brands because of a number of factors, including changes in season, changes in formulation, processing practices and ingredient source. While most of the data contained in NUTTAB 2010 are generated from analysed values, some of the data are borrowed from overseas food composition tables; supplied by the food industry; taken from food labels; imputed from similar foods; or calculated using a recipe approach.
Recommendations and Test Results on the Website
Certain parts of the Website may provide recommendations and test results based on the input and data that you provide. These recommendations and test results generated by the Website are generic automated responses that are pre-programmed, and they do not take into account any other factors that may be relevant to you. They are provided for your general information purposes only, and are not medical or professional opinion or advice. You must not rely on these recommendations and test results, and you should seek professional advice from healthcare professionals. To the extent permitted by law, we are not liable or responsible for any recommendations and test results generated by use of the Website.
Intellectual Property
All content, names, logos and trade marks on this Website are the property of Dietary Software Solutions Pty ltd.
Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners. Any copying or reproducing of recipes or information will result in legal action being taken. This means that you cannot collate recipes and distribute to other persons outside of Dietary Solutions.
Disputes
If you, or a user on whose behalf you register (including a minor), breaches these terms and conditions, you acknowledge that we may immediately suspend or terminate your account, without refund, and take appropriate legal action (if we choose) against you alone. Further you acknowledge that Dietary Solutions is entitled to suspend or terminate your use of the Website or membership at any time if Dietary Solutions considers that you have brought, or may bring, the reputation of Dietary Solutions or its members into disrepute.
Information Provided on Website
All information provided by us is provided in good faith. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We may update any information at any time but you acknowledge that the information on the Website may not be the most current knowledge. In addition, to the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and we make no guarantees of any specific result from use of this Website or the information service provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available on the Website.
Refund Policy
To the extent permitted by law, you must bear any expenses that you may incur in connection with your request for such a refund.Upon receipt of a refund your agreement with us is at an end and we will cancel your account. You agree that this is your sole remedy in these circumstances, other than any rights that may be available to you under the Australian Consumer Law.
Privacy Policy
Dietary Solutions is dedicated to keeping your details private. Any information, we collect in relation to you, is kept strictly secured. We do not pass on/sell/swap any of your personal details with anyone. We use this information to identify your prescription, provide you with our tips and regular newsletters; that’s all. Dietary Solutions uses cookies to allow you to login to your account, maintain a shopping cart and to purchase items in your shopping cart. Cookies sent to your computer from Dietary Solutions only last while you’re browsing our website. We do not store persistent cookies on your computer. Cookies also allow us to give you a more personalised shopping experience by displaying products that interest you throughout our product pages, thus providing you with a more friendly, interesting and enjoyable experience.
Whenever you use our web site, or any other web site, the computer on which the web pages are stored (the Web server) needs to know the network address of your computer so that it can send the requested web pages to your Internet browser. The unique network address of your computer is called its “IP address,” and is sent automatically each time you access any Internet site. From a computer’s IP address, it is possible to determine the general geographic location of that computer, but otherwise it is anonymous.
We do not keep a record of the IP addresses from which users access our site except where you have specifically provided us with information about yourself, in which case we also record your IP address for security purposes. An example of this would be when proceeding to a checkout to finalise an order you may wish to make. After completing the form provided, your IP address will be stored along with a transaction number that allows us to track your order.We do not store any credit card or payment details.
Security Policy Security of Information
No data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
When purchasing from Dietary Solutions your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology.128-bit SSL encryption is approximated to take at least one trillion years to break, and is the industry standard. If you have any questions regarding our security policy, please contact our customer support centre.
Limitation of liability
Indirect and Consequential Loss
To the extent permitted by law, and subject to clause [7], in no event will we (or our employees, agents and subcontractors) be liable to you for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with your access to or use of the Website, any linked website, your reliance on any information obtained through the Website or your use of any services on the Website, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.
Total Liability
To the extent permitted by law, our total liability in respect of all claims in connection with this agreement (whether based in negligence or any other tort, contract, statutory liability or otherwise) will be the total sum of all fees paid or payable by you under this agreement up until and including the date the cause of action accrued.The limitation of liability set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
Indemnity
You agree to indemnify us and our employees, agents and subcontractors, from and against any third party claims and all losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by us, which arises as a result of your breach of these terms in your use of the Website.
You agree to indeminfy us and our employees, agents and subscontractors from and against any action brought against you by any of your members or customers.
From time to time, the information may also be used to promote the Dietary Solutions business in a way that does not identify individual members.
Disclaimer
This material is for information only and not intended to replace the advice of a medical professional. Please advise your members to consult with their Doctor before starting any weight loss program and not to begin unless they have their Doctor’s clearance.
These terms shall be governed by and interpreted in accordance with the laws of Australia which shall have exclusive jurisdiction over any disputes.
