Terms of Use
Last updated 18 August 2023
Flavour Creations Pty Ltd ABN 73 078 198 320 (“We“, “Our” or “Us“) operates the Flavour Creations at Home Website at FCAtHome.com.au (“Website“). Access to and use of the Website and taking part in the Flavour Creations At Home program (Program) is subject to the following Terms of Use and our Privacy Policy as may be updated by us from time to time.
PROGRAM TERMS
About
The Program is a service provided by Flavour Creations to support healthcare professionals to manage the nutrition of their patients at home and in the community. The Program via the Website enables healthcare professionals to create a personalised nutrition regimen for their patient and have Flavour Creations products (the Products) delivered direct to their home by Flavour Creations or one of our distributor partners.
The Program is open to patients and healthcare professionals who use and recommend the Products. Flavour Creations reserves the right to cease providing the Program at any time, without liability.
Important Information for Patients, Carers or Guardians
- Your healthcare professional may recommend to you, during the course of providing your healthcare services, that you take part in the Program to help facilitate the efficient delivery of the recommended Products in your nutrition regimen, direct to your door.
- As part of this process, your healthcare professional will provide your contact details and recommended nutrition regimen to Flavour Creations who will contact you, your carer or your guardian to provide further details about how you can purchase the Products.
- You understand and consent to Flavour Creations disclosing necessary personal information to the relevant distributor in your state or territory for the purposes of the distributor contacting you to arrange payment and delivery of the Products. This may include but is not limited to your name, address and contact number as well as the recommended nutritional regimen. Refer to the Patient Privacy Collection Notice and our Privacy Policy for further details on the information that Flavour Creation collects and how it is used.
- You understand that the Program is optional and you are not required to take part in it. You can opt out at any time by contacting Flavour Creations on 07 3373 3000 or info@FCatHome.com.au.
- The purchase of the Products will be a transaction between you and a third-party distributor of the Products and in some cases, Flavour Creations directly. Flavour Creations is not responsible for any third-party transactions. You are solely responsible for using the Products in accordance with advice of your healthcare professional and the instructions.
- If you are a carer, parent or guardian of a patient taking part in the Program you warrant that you have the consent of the patient or are otherwise authorised to agree to these Terms of Use and the Patient Privacy Collection Statement on behalf of the patient.
For Healthcare Professionals
Thank you for choosing to being part of the Program and using our Website to connect Flavour Creations and its distributor partners with your patients. You understand to register a patient in the Program you need provide your personal information to Flavour Creations including your contact, professional and practice information. You understand and consent to Flavour Creations sharing your information with third-party distributors for the purposes of connecting with patients or their carers to provide the Products.
The Program is optional and you are not required to take part it in. You can opt out at any time by contacting Flavour Creations on 07 3373 3000 or info@FCatHome.com.au, however, please contact your Institution account administrator to ensure that any patient assigned to you in the system is transferred to an alternative healthcare professional to ensure that they are able to still access the Program.
You warrant that where you register a patient in the Program, you have the consent of the patient to provide their personal information to us.
WEBSITE TERMS
Changes to the Terms of Use
We may amend these Terms of Use from time to time. Amendments will be effective immediately upon being published on this Website. You should check this page regularly to ensure you are aware of our current Terms of Use.
Your continued use of this Website constitutes your acceptance to these Terms, including any amended Terms as and when they are published on this Website.
Who can use the Website
Our Website is for users who are at least 18 years of age and who live in and are using this Website in Australia. If you access our Website from outside Australia, you do so at your own risk and you are responsible for following applicable laws where you access our Website.
Unavailability of Website
Access to this Website is permitted on a temporary basis. We are not liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website for business or operational reasons.
What you must not do on our Website
You may only use this Website for lawful purposes and in accordance with these Terms of Use. You must not misuse this Website and you agree that you will not:
- Reproduce, distribute, re-transmit, re-post to any other Website, or “frame” on any other website, the Website or the materials contained in the Website, or link to our Website in a way that damages us or implies that you are associated, affiliated with, endorsed or approved of by us, when we have not agreed to you doing so, or otherwise in a manner that infringes our rights or is contrary to law;
- corrupt any data or knowingly send a virus or other disabling features including using trojan horses, or programming routines that may damage our Website;
- infringe any other person’s proprietary rights;
- annoy, harass or defame other users, or send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
- attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
Linked sites
This Website may contain links to other websites (Linked Sites), which are not operated by us. We do not control the Linked Site and we are not responsible for the information on any Linked Site. The existence of a link to other sites does not imply any endorsement by us of the contents of the linked site. You must decide if the Linked Sites are suitable for you.
Linking to this Website
If you wish to establish a link to this Website, you must first seek our approval. If we agree to your proposed link, you must comply with any terms and conditions imposed by us as a condition of such agreement.
Intellectual property
Unless we state otherwise, we own or licence all intellectual property rights on our Website and using our Website does not transfer any of these rights to you.
The Website content is protected by intellectual property laws and treaties around the world. All such rights are reserved by us and our licensors.
You may store, print and display the content supplied solely for your own personal and non-commercial use. You are not allowed to publish or reproduce, in any format, any of the content supplied to you or which appears on this Website, and you may not use any content for any business or commercial purposes unless we agree.
Disclaimers
You use and access our Website at your own risk and acknowledge that the content supplied by this Website is provided on an “as is” and “as available” basis. To the maximum extent allowed by law, we make no representations or warranties about our Website or the content of the Website including:
- we make no representation about the accuracy, reliability, adequacy, completeness or timeliness of the content or that it is suitable for any particular purpose;
- we cannot guarantee that our Website will be secure; and
- we cannot guarantee that access will be uninterrupted, error-free or virus free.
Liability
To the maximum extent permitted by law:
- we exclude any liability that may arise due to your use or the use by any third party of our Website or any of its content; and
- we are not responsible for any consequential or indirect loss, suffered by you or any third party in connection with the Website or any of its content.
Indemnity
To the maximum extent permitted by law, you must indemnify us for any loss or damage you cause us arising out of or relating to your breach of these Terms of Use or your use of the Website or any applicable laws.
Termination
We may terminate this agreement at any time on notice to you. All disclaimers and limitations of liability will survive termination.
We may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
Other Terms
- We have the right, in our absolute discretion, to amend, remove or vary any page of this Website at any time and without notice.
- A term or part of a term of these Terms of Use that is illegal or unenforceable may be severed from the Terms of Use and the remaining terms or parts of the terms under the Terms of Use continue in force.
- These Terms of Use are governed by the laws of Queensland. The parties submit to the non-exclusive jurisdiction of the courts and tribunals of that state.
Questions
For any questions about these Terms of Use, please contact us at Info@FCatHome.com.au