Terms and Conditions
I am so excited you’ve found The Fit Foodie at https://the-fit-foodie.com (the “Site”). It is my happy place and the epicentre of an amazing community of strong, like-minded women. I hope you enjoy perusing the website, taking in all the delish recipes, photos and biz tips that I love sharing with all of my heart. As you are enjoying and exploring The Fit Foodie, I’d ask you to make yourself aware of the Terms and Conditions of using the Site.
Please shout out if you have any questions and I will be sure to hit you back.
TERMS AND CONDITIONS
By accessing this Site you agree to be legally bound by these Terms & Conditions. These Terms and Conditions form a binding agreement (“Agreement”) between you and Sally O’Neil
l and The Fit Foodie (“TFF”). TFF may make changes to or replace these Terms and Conditions at any time without notice. If you continue to use the Site after changes to these Terms and Conditions have been made you, will be bound by those changes.
1. About TFF + Site Content
1.1 About TFF. TFF started as a fun side project and has grown into an amazing online community. The content on the Site is created by a trained yoga teacher, clinical nutritionist student and a business school graduate.
1.2 Representations by TFF. At no point whatsoever does TFF make any representations that its content creators have any qualifications outside those stated in section 1.1 of this Agreement. If TFF gives advice about nutrition, health, food or exercise, this information is provided with the caveat that it is not from a professional. Should you have any questions or concerns about any advice of information provided on the Site, you are highly encouraged to seek external professional consultation. As outlined in 1.3 below, you are solely responsible for any actions taken from content found on the Site. As such, we remind you we are not professionals and that you should consult a professional with any questions.
1.3 Content on Site. The content on this Site is provided for informational purposes only. You are responsible for your reliance on any information found on this Site. While TFF provides tips and blog posts about different foods, recipes, exercise and health generally, you understand that you are solely responsible for anything which may materialise from your participation in viewing such information. TFF, its agents, employees and affiliates are not responsible or liable for any consequence resulting directly or indirectly from any action or inaction you take based on the information found on or material linked to on this Site. YOU ARE USING ALL THE OF CONTENT ON THE SITE AT YOUR OWN RISK AND ARE RESPONSIBLE FOR ENTIRELY RESPONSIBLE FOR ANYTHING WHICH COMES FROM YOUR USE OR MISUSE OF CONTENT ON THE SITE.
2.1 Australian Copyright Law. Copyright protection arises automatically under Australian laws for certain works. A work that is copyright protected does not need to be registered in any governmental oTFFice, nor does it have to be marked with a © to indicate that it is copyright protected. We appreciate you abiding by the relevant copyright protection laws as you visit the Site.
2.2 Sharing Copyrighted Materials. You are free to share materials found on the Site, so long as you acknowledge the source of the materials as being from the Site and provide a link back to the original source. However, should you not share Copyright materials in accordance with this provision, then you will have to follow the guidelines provided in section 2.2 below.
2.3 Restricted Uses. Unauthorised copying, using, broadcasting, circulating, selling, publishing, distributing or reproducing any of the text, images, audio and video clips and any other content on this Site is specifically prohibited. Anyone wishing to use any text, images, audio and video clips and other content for commercial use, publication, or any purpose, and does not follow the rules set out in section 2.1 above, must request and receive prior written permission from TFF. You hereby covenant and agree not to use any screen scraping, capturing, framing, bots, spiders, crawlers, avatars, intelligent agents or other automated processes on this website or its content, without TFF’s written consent. Should permission for such uses be granted, a usage fee may be required depending on the type and nature of the proposed use.
3. Links to Third Party Website
3.1 Links to Third Party Websites. This Site contains links to third party websites. All such linked sites, materials and pages are not under the control of TFF. TFF is not responsible for the content contained in any linked website nor for any losses or damages you may incur as a result of the use of any such website. TFF accepts no liability for any errors or omissions contained in third party websites. These links are provided for transaction services, information gathering or any other purpose related to running an online health and food blog. The provisions of these links shall in no way be considered an endorsement or sponsorship of or aTFFiliation with the linked website by TFF.
4. No Refunds
4.1 All purchases of any service or product made on the Site, whether it is our cookbooks or any other services are FULL and FINAL. That means the moment you click ‘Purchase’, the sale is complete and you will not be entitled to any refunds under any circumstances. However, if something has gone wrong and for whatever reason something you have purchased is not of merchantable quality, please contact [email protected] to inform of us of this. TFF retains the sole and exclusive discretion to offer a refund if it, and only it, deems the circumstances reasonable.
5. Entire Agreement
5.1 Entire Agreement. These Terms and Conditions and any other legal notices, policies and guidelines found on this Site constitute the entire Agreement between you and TFF relating to your use of this Site and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. This Agreement may not be amended or modified except by TFF.
6. Limitation of Liability.
6.1 Limitation of Liability. IN NO EVENT WILL TFF OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING AMONG OTHER THINGS LOSS OF REVENUE OR PROFITS), PUNITIVE, OR EXEMPLARY, DAMAGES OF ANY KIND OR SUBJECT TO EQUITABLE OR INJUNCTIVE REMEDIES (WHETHER BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) ARISING OUT OF ACCESS TO, OR USE OF THIS WEB SITE, OR DELAY OR INABILITY TO USE THIS WEB SITE, OR ANY INFORMATION CONTAINED IN THIS WEB SITE. NOTHING IN THIS LIMITATION OF LIABILITY SHALL EXCLUDE LIABILITIES NOT PERMITTED TO BE EXCLUDED BY APPLICABLE LAW.
6.2 Indemnity. As a condition of your use of the Site, you hereby indemnify TFF and its affiliates from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting or arising from your use of this Site.