By using the Easy Diet Diary Services (that is, the mobile app Easy Diet Diary and/or the website Easy Diet Diary Connect) you agree to the terms and conditions of this Agreement. Please read it carefully.
BY USING THE EASY DIET DIARY SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. YOU ACCEPT THESE TERMS EACH TIME YOU ACCESS THE EASY DIET DIARY SERVICES. If you do not understand or agree to these terms, do not use the Easy Diet Services.
2. CHANGES TO THE AGREEMENT
It is your responsibility to review this Agreement periodically. You will be deemed to have agreed to any such modifications or amendments by your continued use of the Services.
'Xyris' - refers to Xyris Software (Australia) Pty Ltd
The ‘Easy Diet Diary Services’ or the ‘Services’ – means the services available through the Easy Diet Diary mobile application, the Easy Diet Diary Connect website, and any internet services or applications under Xyris’ control, whether partial or otherwise, used in connection with providing the Easy Diet Diary Services.
The Easy Diet Diary Services include any code, calculations, text, graphics, data, documentation and any other components, or information related to the applications and services; as well as any updates, modifications or enhancements to these.
'Individual' – means a user of the personal Easy Diet Diary mobile app. (An individual may or may not be a client of a Clinician or Coach using the Easy Diet Diary Connect website.)
'Clinician or Coach' – means any health or fitness professional, practitioner or coach offering services to clients via the Easy Diet Diary Connect website.
4. ABOUT THE EASY DIET DIARY SERVICES
The Easy Diet Diary Services provide a mobile and web platform for dietary management so that individuals can record their dietary intake; evaluate progress and goals; and where required/desired, do so with the monitoring, communication with, and assistance of, a Clinician or Coach.
The major components of the Services are:
• The Easy Diet Diary mobile app for use by Individuals.
• The Easy Diet Diary Connect website for use by Clinician or Coach.
The Easy Diet Diary Services provide information, not medical, legal, or psychological advice, diagnoses, or treatment.
You assume full risk and responsibility for your use of information obtained through the Easy Diet Diary Services.
5. CHANGES TO THE EASY DIET DIARY SERVICES
The Easy Diet Diary Services are periodically updated. Xyris reserves the right at any time and from time to time to modify, update, or discontinue temporarily or permanently, the Easy Diet Diary Services or any portion thereof with or without notice or advice.
You agree that Xyris shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services or any portion thereof.
6. ELIGIBILITY TO USE THE EASY DIET DIARY SERVICES
Before using the Easy Diet Diary Services, you should consult your medical professional, particularly if you are at risk of problems resulting from changes to your diet or exercise routine.
Do not use the Easy Diet Diary Services without medical supervision if you are pregnant or breastfeeding, have a serious health condition, a physical disability or an eating disorder.
Do not use these services if you are a child under 18, unless you are under medical or parental supervision.
CLINICIANS AND COACHES REPRESENTING ORGANISATIONS:
If you use the Easy Diet Diary Services as a part of or on behalf of a company, entity or organisation then you represent and warrant that you:
• Are its authorised representative
• Have the authority to bind it to these terms
• Agree to be bound by these terms on its behalf
7. THE EASY DIET DIARY SERVICES ARE FOR INFORMATION ONLY NOT MEDICAL ADVICE
The Easy Diet Diary Services are for informational purposes only. They do not contain or constitute, and should not be interpreted as, medical advice or opinion. The Easy Diet Diary Services may provide helpful health information but they do not substitute for professional advice, diagnoses, treatment or your judgement.
While every care has been taken to make the Easy Diet Diary Services as useful as possible, Xyris does not guarantee or warrant the accuracy, completeness, appropriacy or usefulness of its data, information, or generated results. You assume the full risk and responsibility for use of information, data and results obtained through using the Easy Diet Diary Services.
Do not rely solely on the Easy Diet Diary Services when making medical or health decisions or when diagnosing or treating a health or medical condition. Before using the data, information or results from the Services in any important matter, you should carefully evaluate their accuracy, completeness and relevance for your purposes, and where appropriate, obtain further information and expert advice for the particular circumstances.
Your use of the Easy Diet Diary Services does not create a doctor-patient relationship between you and Xyris.
8. INTERACTION OF INDIVIDUALS WITH CLINICIANS OR COACHES
As a client of a Clinician or Coach, you agree that Xyris is not responsible for what a Clinician or Coach may do with information you provide to them through the Easy Diet Diary Services.
Be aware that Xyris does not make any representations concerning the identity, qualifications or competence of Clinician or Coach using the Easy Diet Diary Services.
Nor does Xyris make any representations concerning the completeness, accuracy, appropriacy, safety or usefulness of any information provided by a Clinician or Coach through the Easy Diet Diary Services, or based on the Easy Diet Diary Services, to Individuals who are their client.
If you are a Clinician or Coach using Easy Diet Diary Services with clients, you must treat information obtained through the Easy Diet Diary Services as confidential client communications and abide by Australian and New Zealand laws regarding privacy and the handling of Personal Information, or the laws relevant to your jurisdiction.
9. CONSENT TO RECEIVE COMMUNICATIONS FROM XYRIS
By using the Easy Diet Diary Services you consent to receive periodic email or other communications regarding the Easy Diet Diary Services, relating to new product offers and services, promotions, how to use the Services, and other related matters.
10. PAYMENTS FOR EASY DIET DIARY CONNECT: FEES, RENEWALS AND CANCELLATIONS FOR CLINICIAN OR COACHES
If you choose to upgrade to a paid subscription from the free tier of Easy Diet Diary Connect (the Basic Plan), you must provide information about your preferred payment method.
You are responsible for providing complete and accurate billing and contact information to us.
You will be charged immediately after you purchase and your new level of subscription will be activated.
All subscription fees are payable in advance. You agree that the continuing subscription fees will be billed automatically at the start of the monthly period unless you cancel the subscription. The continuing subscription fees will be the same as the initial charges unless you are otherwise notified in advance.
Xyris reserves the right to increase fees or to institute new fees at any time upon reasonable notice.
All purchases are final and no refunds will be given for unused portions of your initial subscription period or any continuing subscription period.
You may cancel your paid subscription via your account page on the Easy Diet Diary Connect website or by contacting us. The cancellation will go into effect at the end of your current billing cycle. When your subscription ends, your account will revert to the free tier (the Basic Plan). No refunds or credits will be provided by Xyris on cancellation. You can upgrade again to a paid subscription at any time.
We may suspend or terminate the Services if fees are 30 days past due.
You may switch to a different payment method via your account page on the Easy Diet Diary Connect website or by contacting us.
12. USER CONDUCT
To use some of the Easy Diet Diary Services, you must sign up for an account. You agree to provide accurate, true, current and complete information about yourself as prompted by the Services, and to keep it accurate and current. If you provide any information that is inaccurate or not current, or Xyris has reasonable grounds to suspect that such information is inaccurate or not current, Xyris has the right to suspend or terminate your account, and to refuse any and all current or future use of the Services.
You are a solely responsible for maintaining the confidentiality of the password associated with your account.
You accept responsibility for all activities that occur under your account or from your computer or device.
You understand that all content you submit to the Easy Diet Diary Services is your sole responsibility. You may not upload, post, email or otherwise transmit using the Easy Diet Diary Services, any content that:
• Is unlawful, harmful, threatening, abusive, defamatory, vulgar , obscene or otherwise objectionable
• Harms minors in any way
• Impersonates any other entity or misrepresents your own identity or affiliations
• Is not yours and that you do not have a right to, or infringes any patent, trademark, copyright or other proprietary rights
• Is unsolicited or unauthorised advertising
• Contains software viruses or other malware
• Causes disruption to the Easy Diet Diary Services
• Disobeys any requirements, procedures, policies or regulations of networks connected to the Easy Diet Diary Services
You specifically agree not to access or attempt to access the Easy Diet Diary Services through any automated means and that you will not forge or manipulate identifiers in order to disguise the origin of any access or attempted access to the Services.
You acknowledge that Xyris may or may not monitor content. Xyris has the right to remove any content that violates the terms or is otherwise deemed in Xyris’ view to be in any way objectionable.
We welcome your comments and suggestions about the Services. You can submit feedback by emailing email@example.com.
Be aware that any feedback will be deemed and will remain the sole property of Xyris. Xyris will not hold these ideas and comments in confidence, and will be entitled to unrestricted use of them for any purpose whatsoever, without compensation or acknowledgement to the providers of the ideas or comments.
That is, by providing feedback, you grant to Xyris a worldwide, non-exclusive, transferrable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such feedback to use, make, have made, sell, offer for sale, import and export products and services based on such feedback. Please do not send us feedback if you do not wish to agree to such a license.
14. LICENSE AND RESTRICTIONS ON USE
If you are an Individual using the mobile app, the Easy Diet Diary Services are for your personal and non-commercial use. You may not use the Easy Diet Diary Services for any revenue-generating endeavour or commercial enterprise.
If you are a Clinician or Coach using the Easy Diet Diary Connect website, you agree to maintain only one account.
For both Individuals and Clinicians or Coaches who are users of the Services, Xyris grants you a revocable, non-exclusive, non-transferable, limited license to access and use the Easy Diet Diary Services.
This license may not be sold, leased, rented, transferred or in any way extended to another party without the prior permission of Xyris.
You may not:
• decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Easy Diet Diary Services
• make any modification, adaptation, improvement, enhancement, translation or derivative work from the Easy Diet Diary Services
• violate any applicable laws, rules or regulations in connection with your access or use of the Easy Diet Diary Services
• remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) in the Easy Diet Diary Service
• use the Easy Diet Diary Services for any purpose for which they are not designed or intended
• use the Easy Diet Diary Services for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by the Easy Diet Diary Services
• use the Easy Diet Diary Service to send automated queries to any website or to send any unsolicited commercial email
• use any proprietary information or interfaces of the Easy Diet Diary Services or other intellectual property of Xyris in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Easy Diet Diary Services
The Easy Diet Diary Services, or any portion of them (including, without limitation, nutritional information in the Food Database), may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose other than that for which they were intended, without the express written consent of Xyris.
15. OWNERSHIP, INTELLECTUAL PROPERTY AND COPYRIGHT
We respect the intellectual property of others and we ask our users to do the same.
The Easy Diet Diary Services are subject to copyright. You acknowledge and agree that the Easy Diet Diary Services and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated with it are, and shall remain, the property of Xyris, its affiliates, licensors or suppliers.
Furthermore, you acknowledge and agree that the source and object code of the Easy Diet Diary Services and the format, directories, queries, algorithms, structure and organization of it are the intellectual property and proprietary and confidential information of the property of Xyris, its affiliates, licensors or suppliers.
The logos of Easy Diet Diary, Xyris and FoodWorks are all trademarks or registered trademarks of the property of Xyris, its affiliates, licensors or suppliers. All other trademarks are the property of their respective owners.
Xyris claims no ownership of any content you share through the Easy Diet Diary Services. You are responsible for protecting your legal rights, such as copyright or trademark rights, over that content.
DATABASE LICENSES AND COPYRIGHT:
Nutritional data and information included in the Easy Diet Diary Services may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited or otherwise exploited for any commercial purpose without the express consent of Xyris or the respective copyright holder.
The Easy Diet Diary Services use the following food composition data:
- AUSNUT 2011-13
Copyright (c) Food Standards Australia New Zealand
- AusFoods and AusBrands
Copyright (c) 2015 Xyris Software (Australia) Pty Ltd. All rights reserved.
16. TERMINATION OF AGREEMENT
Xyris may suspend or terminate this Agreement with or without prior notice. Also, if you fail to comply with any terms and conditions of this Agreement, then this Agreement shall terminate automatically, without any notice or other action by Xyris.
You understand that if Xyris believes you to be misusing or abusing the Easy Diet Diary Services in any way, for example, fraudulently creating or recreating or proliferating accounts, then at Xyris’ sole discretion, Xyris can close your account without providing reason or recourse.
Upon the termination of this Agreement, you must stop using the Easy Diet Diary Services and, if relevant, un-install them.
Some provisions of this Agreement survive its termination, namely those which by their express language or context are intended to survive the termination.
17. ASSUMPTION OF RISK, DISCLAIMER, LIMITATION OF LIABILITY
When you use the Easy Diet Diary Services you knowingly and freely assume all risk and responsibility resulting directly or indirectly from the use of the Easy Diet Diary Services and any data, information or results obtained from them. We make no warranties or guarantees.
FOOD AND NUTRITIONAL DATA, INFORMATION AND CALCULATIONS:
Xyris expressly disclaims liability, including negligence, for any loss or injury directly or indirectly sustained by any person or entity as a result of any reliance upon the food data in the Easy Diet Diary Services.
While Xyris endeavours to provide and maintain its food and nutritional data, information and calculations in a complete and accurate form as possible, Xyris makes no guarantee as to their accuracy, completeness, appropriacy, safety or usefulness. Under no circumstances will Xyris be responsible for any loss or damage resulting from your reliance on them. The use of information or data from third parties is not a warranty of the accuracy of that information or data or an endorsement or guarantee of the information or data.
Xyris also advises you that any reference to a brand name product is not to be taken as an authoritative statement of the composition of the product due to possible inaccuracies or errors, changes in the product formulation, and/or imputation (estimates) of some nutrient values.
The food data is made available on the understanding that you will exercise your own skill, care and judgement with respect to its use and you will carefully evaluate the accuracy, currency, completeness and relevance of the material for your purposes, and where necessary, consult a health practitioner.
DISCLAIMER OF WARRANTIES:
In the following terms, ‘Released Parties’ includes Xyris and its affiliates, officers, employees, agents, partners, and licensors.
WE MAKE NO WARRANTY WHATSOEVER FOR THE USABILITY, RELIABILITY, EFFICACY OR MALWARE-FREE STATUS OF THE EASY DIET DIARY SERVICES. THE EASY DIET DIARY SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
• YOUR USE OF THE EASY DIET DIARY SERVICES IS AT YOUR SOLE RISK, AND THE EASY DIET DIARY SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND XYRIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON BY THE EASY DIET DIARY SERVICES, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• YOU HEREBY ACKNOWLDEGE THAT A CATASTROPHIC SERVER FAILURE OR OTHER EVENT COULD RESULT IN THE LOSS OF ALL OF THE DATA RELATED TO YOUR ACCOUNT.
XYRIS AND THE RELEASED PARTIES MAKE NO WARRANTY THAT:
• THE EASY DIET DIARY SERVICES WILL MEET YOUR REQUIREMENTS
• THE EASY DIET DIARY SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE EASY DIET DIARY SERVICES WILL BE ACCURATE OR RELIABLE
• THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE VIA THE EASY DIET DIARY SERVICES WILL MEET YOUR EXPECTATIONS
• ANY ERRORS IN THE EASY DIET DIARY SERVICES WILL BE CORRECTED
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE EASY DIET DIARY SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY:
In the following terms, ‘Released Parties’ includes Xyris and its affiliates, officers, employees, agents, partners, and licensors.
We are not liable for anything that happens to you that may be somehow connected to your use of the Easy Diet Diary Services. If you use the Easy Diet Diary Services in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for the Released Parties.
THE LIABILITY OF THE RELEASED PARTIES IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES BE LIABLE FOR ANY LOSS, DAMAGE, COST, LOSS OF PROFIT, LOSS OF DATA, LOSS OF PRIVACY, EXPENSE, INJURY AND/OR OTHER CONSEQUENTIAL DAMAGE, HOWEVER CAUSED, RESULTING FROM THE USE OF OR LOSS OF USE OF, OR RELIANCE UPON, THE EASY DIET DIARY SERVICES AND/OR DATA OBTAINED BY USING THE EASY DIET DIARY SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT XYRIS AND THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY LOSS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR PERSONAL INJURY OR DEATH (EVEN IF XYRIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
• THE USE OR THE INABILITY TO USE THE EASY DIET DIARY SERVICES;
• THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE EASY DIET DIARY SERVICES;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE EASY DIET DIARY SERVICES;
• YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR
• ANY OTHER MATTER RELATING TO THE THE EASY DIET DIARY SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
IN JURISDICTIONS THAT DO NOT ALLOW THESE EXCLUSIONS OR LIMITATIONS, OR IF ANY OF THE ABOVE LIMITATION ARE HELD TO BE UNENFORCEABLE, XYRIS’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT OF $50.
YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE APPLICATION OF RISK AND THAT THE EASY DIET DIARY SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
For any queries regarding this Agreement contact Xyris Software (Australia) Pty Ltd
Telephone: +61 7 3223 5300
Last updated: 12 October 2015