Welcome to blendable.com.au – (our Site).
Our Site gives you an opportunity to browse and purchase products and services offered by Rhyannon Mary Smith ABN 98 166 911 754 trading as Blendable (ABN 98 166 911 754) (we, us, our).
These Terms and Conditions (Terms) govern your use of our Site, our products and services, and form a binding contractual agreement between us, and you.
These Terms are important and should be read carefully. Any questions about these Terms must be directed to us in writing at info@blendable.com.au before using our Site, buying our products or engaging our services.
Subject to any subsequent agreements you may be required to enter with us, these Terms constitute the entire agreement between you and us and supersedes all prior agreements, conduct, representations and understandings. You confirm you have not entered into this agreement on the basis of any representation that is not expressly incorporated into this agreement.
ACCEPTANCE OF TERMS
By browsing, accessing, purchasing, or using the products or services offered on our Site, whether or not you have purchased or engaged our products or services either directly or indirectly, and irrespective of your capacity as an individual, as an employee of a business, or as a business you acknowledge that you have read and understood these Terms and agree to be bound by them, and all our other policies.
SPECIFIC DISCLAIMERS RELATING TO PRODUCTS AND SERVICES PROVIDED ON OUR SITE
Whilst you can filter generate recipes in accordance with your dietary requirements, choices, and lifestyle, the recipes contained in the free version of our Site are not solely intended to cater to your individual dietary needs or requirements, and any consequences flowing from you making or consuming these recipes are solely your responsibility;
Whilst recipes are approved by a qualified nutritionist prior to being posted on Blendable, this by no means indicates that the recipes are specifically tailored to you.
You will pay $9.99/ month + GST (or a discounted equivalent amount on a less regular basis) to receive access to the Blendable platform.
If you are applying to use our voucher service, that you satisfy our eligibility criteria by
possessing a valid Australian Healthcare Card, and if circumstances change and you
are no longer eligible for a Healthcare Card, you must advise us in writing within 7
business days of your change in circumstances;
Applying for and being approved to receive food donation vouchers, does not
guarantee food vouchers, this is dependent on the availability of paid subscribers.
You will not rely on food vouchers as a regular source of income or method of
accessing food. We offer food relief where possible;
If you are subscriber contributing to food vouchers for those experiencing food insecurity, that whilst it is our expectation that the receiver of the voucher will be using the voucher to purchase
nutritionally balanced food, we cannot control or make any guarantees as to how that
voucher is used with respect to the food that is purchased.
REGISTERING YOUR DETAILS
Before you purchase our products and/or services, we may ask you to register an account with us.
You must provide accurate, complete and up-to-date registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.
We may at any time request a form of identification to verify your identity.
If you are a registered user or member to this Site, you acknowledge and agree that:
You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;
You will immediately notify us if your Password is lost or becomes known to any other person;
You are solely responsible for all access to and use of this site via your Password, whether such access or use is by you or any other person; and
Any information you provide to us for posting or inclusion in Our Community, at any time, becomes our property.
To the extent that you provide personal information, we will treat such information strictly in accordance with our Privacy Policy.
You must ensure the security and confidentiality of your registration details, including any username and/or Password. You must notify us immediately if they become aware of any unauthorised use of your registered details.
You will not let any other person use your Password or any registered user or member services.
CONFIDENTIALITY
Each party (Recipient) must keep secret and confidential and not disclose any Confidential Information (which is or has been disclosed to the recipient by the other party, its representatives or advisers), or these Terms, except:
where the information is in the public domain as at the date of these Terms (or subsequently becomes in the public domain other than by breach of any obligation of confidentiality binding on the Recipient);
if the Recipient is required to disclose the information by applicable law or the rules of any other document with statutory content requirements, provided that the Recipient has to the extent practicable having regard to those obligations and the required timing of the disclosure consulted with the provider of the information as to the form and content of the disclosure;
where the disclosure is expressly permitted under these Terms and Conditions or is required to give effect to these Terms and Conditions;
if disclosure is made to its personnel to the extent necessary to enable the Recipient to properly perform its obligations under these Terms and Conditions or to conduct their business generally, in which case the Recipient must ensure that such persons keep the information secret and confidential and do not disclose the information to any other person;
where the disclosure is required for use in legal proceedings regarding these Terms and Conditions; or
if the party to whom the information relates has consented in writing before the disclosure.
Each Recipient must ensure that its personnel comply in all respects with the Recipient's obligations under this clause.
Definitions
Confidential Information of a party means all information (in any form):
relating to or arising from the Services;
that concerns that party’s business operations and which any reasonable person would consider to be of a confidential nature (such as trade secrets, methods, strategies, client lists, pricing, and other business processes); and but does not include information that:
is or becomes independently developed or known by a party through no breach of these Terms by that party; or
becomes publicly available, without breach of these Terms;
This clause survives termination or expiry of these Terms.
INTELLECTUAL PROPERTY AND MORAL RIGHTS
Intellectual Property Rights in Contract Materials and Existing Materials
The parties agree that:
you will own all rights in and to the Contract Materials, as defined below, including any Intellectual Property Rights which subsist in the Contract Materials or which may be obtained from the Contract Materials created from the date you engage our Services;
to the extent necessary to give effect to this clause, we will assign all of the Intellectual Property Rights in all Contract Materials to you; and
we retain ownership over the Existing Materials, as defined below, and you right acknowledge that you do not acquire any ownership rights by using the Existing Materials.
Moral Rights
To the extent permitted by applicable Law, we unconditionally and irrevocably:
consent to the following acts or omissions in respect of all Contract Materials
created by us in the course of providing the Services:
any use of the Contract Materials that does not identify us as the author;
falsely attributing the authorship of the Contract Materials or any content of the Contract materials to you;
materially altering the style, format, colours, content or layout of the Contract Materials and dealing in any way with the altered Contract Materials;
reproducing, communicating, adapting, publishing or exhibiting the Contract Materials, or
adding any additional content or information to the Contract Materials; and
waive all of our Moral Rights in the Contract Materials.
Definitions
For the purpose of this clause: Contract Materials means materials, including but not limited to, works, ideas, concepts, documents, designs, developments, improvements, systems, accounts created by you or other materials or information created:
(a) in the course of providing our Services; and/or
(b) as a result of using your resources (including the Confidential Information and Intellectual Property Rights).
Contract Materials do not include our work methodologies, reviews and reporting documents, sources, third party websites and the links contained therein, licensed software, programs, accounts belonging to us or created for other clients, stock photography licences, licences to third party service providers, , handbooks which we may provide to you from time to time in relation to our Services.
Existing Materials means materials, including, but not limited to, our works, work methodology, reports, ideas, concepts, designs, inventions, developments, improvements, stock photography licences, licences to third party service providers, licensed software, accounts belonging to us or created for other clients, systems, other materials, documents, information, sources, programs, accounts, created, made or discovered by us prior to providing our Services to you or outside the scope of our Services that we use or supply in the course of the provision of our Services.
Intellectual Property Rights means all present and future rights conferred by Law in or in relation to copyright, trade marks, designs, circuit layouts, plant varieties, business and domain names, inventions and confidential information and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields whether or not registrable, registered or patentable.
These rights include:
(a) all rights in all applications to register these rights;
(b) all renewals and extensions of these rights; and
(c) all rights in the nature of these rights, such as Moral Rights.
Moral Rights means:
(a) rights of integrity of authorship or performership;
(b) rights of attribution of authorship or performership;
(c) rights not to have authorship or performership falsely attributed;
(d) conferred by the Copyright Act 1968 (Cth); and
(e) rights of a similar nature that exist, or may come to exist, anywhere in the world
This clause 9 survives termination or expiry of these Terms.
COPYRIGHT AND TRADE MARK NOTICES
All material on this Site, or otherwise delivered by us via our services, including (but not limited to) templates, information, text, graphics, information architecture and coding] (Our Content), is subject to copyright. While you may browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you’d like to use, copy or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.
You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.
The trade marks, logos, and service marks displayed on our Site to denote our brand are either registered or unregistered trade marks of us (our Marks). Our Marks, whether registered or unregistered, may not be used in connection with any product or service that does not belong to us, in any manner that is likely to cause confusion with customers, or in any manner that disparages us.
Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any our Marks without our express written permission.
You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that we will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
RIGHT TO SUSPEND, TERMINATE AND REFUND
We reserve the right to suspend or terminate your use of the Site or our services generally if you breach these terms, as determined by us in our sole discretion.
You may terminate our services at any time up to 1 day prior to billing.
Once you have paid us for the month and decide to terminate our services, we will not provide a refund. Refunds are not provided for our products and/or services, whether accessed by you or not, unless we are in breach of the Australian Consumer Law, as set out in Schedule 2 to the Australian Competition and Consumer Act, 2010 (Cth).
NON-EXCLUSIVITY
You acknowledge and agree that we may at all and any times provide our services to other Clients in the same or similar industry as you.
Likewise, we may at all and any times engage other content creators.
We do not provide our services on an exclusive basis.
We will however endeavour to protect the confidential information you provide us and in accordance with our Privacy Policy.
PRICE/FEES
All prices for our products and services are in Australian Dollars (AUD).
The price of a subscription for our Site is $9.99 including GST.
All prices are subject to change without notice.
We reserve the right to modify, cancel and limit any service or work at any time.
PAYMENTS
All payment will be processed through the third-party payment processing service, Stripe.
You are expected to pay at the time of signing up to our service. After which, payment will be taken out of the relevant card monthly from the date on which you signed up to our Services.
We do not accept direct debit.
Our payments are operated through an online and automated billing system (Online
Payment). Where your payments are made via Online Payment
You agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates.
If payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account without need for notification at a future date.
Where another agent or enterprise is debiting funds pursuant to an arrangement entered into with us, you also affirm the same rights and undertakings explained in these Terms to them.
We reserve the right to suspend or terminate any product or service, at our discretion, if payment is defaulted.
We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you.
We reserve the right to inform credit watch monitoring services of ongoing defaults trends or payment-avoiding strategies employed where we deem it is appropriate.
In circumstances where we invoice you for payment, payment is due and payable by the payment date noted on the invoice. Failure to make payment by the payment date may lead to suspension of use of our product and/or services.
DISCOUNTS, PROMOTIONS AND OFFERS
From time to time, we may offer the opportunity to purchase our services at a discounted or promotional price, subject to these Terms.
Any discounts, promotions and offers will be confined to the time period and additional terms of sale in accordance with the details of that respective discount, promotion and/or offer as published online from time to time on our Site.
LIABILITY IS LIMITED
We provide our products and services on an "as is" basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory, to the extent permitted by Law. Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in these Terms to the maximum extent permitted by Law.
Without limiting the generality of clause 16.1, we expressly exclude any liability in contract, tort or otherwise for any injury, damage, loss, delay or inconvenience caused directly or indirectly by your use of our products and services.
Subject to the other terms of this clause, our maximum aggregate liability owed to you in for any loss or damage or injury arising out of or in connection with the supply of our Services under these Terms, including any breach by us of these Terms however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the actual charges paid by you under these Terms in the one month period preceding the matter or the event giving rise to the claim.
The disclaimers, limitations of liability and indemnities within these Terms do not exclude rights that may not be excluded by Law, including but not limited to, those rights under the Australian Consumer Law.
If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer Law that cannot be excluded, our total liability to you for that failure is limited to, at our option, to the resupply of the Services or the payment of the cost of resupply.
Subject to the other terms of this clause, we exclude any liability owed to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with these Terms, including any loss of profits, loss of sales or business, loss of production, loss of agreements, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill or reputation or loss of use or corruption of data or information.
This clause applies to the fullest extent permitted by Law and shall survive termination of these Terms.
YOUR INDEMNITY
You agree to indemnify us and our officers, agents, partners, directors, shareholders and employees and subcontractors, against any direct losses, liabilities, costs, charges or expenses and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred by us arising out of or in connection with:
your use of our products and services;
any claim made against us or you by a third party arising out of or in connection with the provision of our products, services and/or these Terms;
any breach of these Terms by you, including any failure to pay any fees on time;
the circulation, distribution or publication of any information or materials provided by you being contrary to Law;
any reliance by you or a third party on our products or services or any advice or information provided in connection with the provision of our products or services and/or these Terms; and
the enforcement of these Terms.
You must make payments under this clause in full without set-off or counterclaim, and without any deduction in respect of taxes unless prohibited by Law.
We are not responsible, and expressly limit our liability to the extent permitted by Law, which is without limitation to your rights under the Australian Consumer Law, for damages of any kind arising out of use, reference to, or reliance or use on any information contained within our Site or by engaging our service.
This clause survives the termination of this agreement.
NO DISPARAGEMENT
At all times, you must not make any public or private statement or comment, whether oral or in writing, which in our reasonable opinion is adverse to the interest, reputation or commercial standing of or is in any respect a disparaging remark or representation about us and/or any of our services nor any statement that is false and does or has the tendency to damage our reputation of by any method including but not limited to any social media platform or review website anywhere in the world.
Should you breach this clause, you hereby indemnify us in accordance with clause 17 above.
FORCE MAJEURE
We will not be in breach of these Terms or liable to you for any Loss incurred by that you may incur as a direct result of our failing to perform our obligations or being prevented, hindered or delayed in performing our obligations under these Terms where such prevention, hindrance or delay results from a Force Majeure Event.
If a Force Majeure Event occurs, we will notify you (Non-affected Party) in writing as soon as practicable and that notice must state the particulars of the Force Majeure Event and the anticipated delay.
On providing the notice in the above clause, we will have the time for performance of the affected obligations extended for a period equivalent to the period during which performance has been delayed, hindered or prevented, however, we will continue to use all reasonable endeavours to perform those obligations.
The performance of the affected obligations will be resumed as soon as practicable after such Force Majeure Event is removed or has ceased.
References to a Force Majeure Event in this clause means: events, circumstances or causes beyond a party’s reasonable control including (but not limited to):
strikes, lock-outs or other industrial action;
civil commotion, riot, invasion, cyber-attack, service attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
fire, explosion, storm, flood, earthquake, subsidence or other natural disaster;
epidemic, pandemic, health emergencies, disease;
impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
Interruption or failure of utility Services (including the inability to use public, private telecommunications networks, servers or third party hosting platforms); and
the acts, decrees, legislation, regulations or restrictions of any Government Agency;
however does not include a lack of funds.
References to Loss in this clause means: any loss, liability, cost, charge, expense, Tax, Duty or damage of any nature whatsoever, including special, incidental, or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).
LINKED WEBSITES, AFFILIATES OR SPONSORS
Any links to other websites on our Site, which are not operated by us are not controlled by us and we accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of any linked sites will be subject to the terms of use and service contained within each such site.
As affiliates of certain services we may also receive compensation for recommending, endorsing or promoting services as featured on our Site or in the course of delivering our services. Any affiliation or sponsorship is for remuneration purposes only and is not an expression of our own recommendation, endorsement or promotion of those services which are not our own.
We make no representation or warranty as to the recommendations, endorsements or promotions we make of certain services, unless expressly stated otherwise. You acknowledge and agree that any remuneration or other non-monetary benefit we receive from our affiliated, endorsed or sponsored services is for the purposes of that affiliation, endorsement and sponsorship only. We expressly disclaim any liability arising from your use or reliance of any recommended, endorsed or promoted services by us which are not our own and caution you to make your own independent inquiry prior to any such use or purchase.
SEVERABILITY
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
NO ASSIGNMENT
You cannot transfer or assign your rights in accordance with these Terms, including any membership or registration with us, without our prior written consent.
We may assign or transfer our rights and obligations under these Terms at any time, upon prior written notice to you of at least 4 calendar weeks.
SUB-CONTRACTING
We are free to sub-contract any of our obligations under these Terms, but such sub-contracting will not release us from our liabilities under these Terms.
BINDING ON SUCCESSORS
These Terms shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
DISPUTE RESOLUTION
If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause.
Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
In the case of claims against us, all notices are to be provided to info@blendable.com.au.
If the dispute is not resolved by agreement within 10 business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further 10 business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.
Once a mediator is appointed, the parties agree that:
The costs of the mediator shall be borne equally between the disputing parties.
The chosen mediator shall determine the procedures for mediation.
The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.
If the parties have not mediated a resolution of the dispute within 10 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.
Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.
Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.
This clause survives termination of these Terms.
APPLICABLE LAW
These Terms shall be construed in accordance with and governed by the laws of Victoria Australia. You consent to the exclusive jurisdiction of the courts in Victoria to determine any matter or dispute which arises between us.
YOUR FEEDBACK
We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential. Please see our Privacy Policy for further details.
If you have questions or comments regarding this Site or our services, please email us at info@blendable.com.au
© Progressive Legal Pty Ltd – All legal rights reserved (2022)