In these Conditions the following expressions have the meanings assigned to them respectively:
1.1. “Forever After Recipes” means Johnston Family Trust ABN 32 602 299 121
1.2. “Conditions” means the terms and conditions outlined herein including any additions or variations of these Terms and Conditions made by Forever After Recipes; and
1.3. “Customer” means any person to whom the Forever After Recipe sells or supplies a Product; “Party” means both a Customer and Forever After Recipe;
1.4. “GST” means Goods and Services Tax in Australia determined in accordance with the A New Tax System (Goods and Services Tax) Act 1999;
1.5. “Intellectual Property” includes confidential information, copyright, trademarks, patents, designs and digital Products including ebooks, pdf downloads, resource material, videos and online content;
1.6. “Order” means an Order placed by a Customer for the purchase of goods or services from Forever After Recipes;
1.7. “Payment Method” means the payment details nominating the account or process by which a Customer agrees to pay for any Product;
1.8. “Product” means any item including, goods, services digital Products, ebooks, pdf downloads, resource material, online content etc. sold by Forever After Recipes to the Customer through an Order;
1.9. “Site” means the website with address http://www.foreverafterrecipes.com/ including all landing pages and subpages of the website, including downloaded PDFs;
1.10. “State” means the Australian State of Queensland;
1.11. “We” refers to Forever After Recipes; and
1.12. “You” refers to a Customer;
2. In these Conditions:
2.1.1. Words in the singular number include the plural and words in the plural number include the singular and words of one gender denote the gender appropriate to the context or subject matter;
2.1.2. The headings and sub-headings are for convenience and reference purposes only and are not intended to affect the interpretation of this Agreement;
2.1.3. Words importing persons include a firm, company, corporation, authority or body whether or not incorporated;
2.1.4. A reference to any act or regulation includes a reference to any act or regulation amending, or in substitution for, that act or regulation;
2.1.5. No rule of construction applies to the disadvantage of a Party because that Party was responsible for the preparation of these Conditions;
2.1.6. If an expression is defined, another part of speech and grammatical form of the expression have a corresponding meaning; and
2.1.7. The provisions of any Clause or Sub-clause that contains any subordinate Sub-clause will be read distributively to that subordinate Sub-clause and that subordinate Sub-clause will be construed accordingly; and
2.1.8. Each provision hereof will be construed and will take effect according to the laws of the State and all rights liabilities and obligations in respect of the Conditions will be governed by the laws and jurisdiction of the State.
3.1. This Forever After Recipes Site at http://www.foreverafterrecipes.com is a Site that you can select, Order and access Products advertised by Forever After Recipes.
3.2. The purchase of all digital Products, ebooks, pdf downloads and online content is subject to the following terms and conditions. All Customers are advised to review these Conditions carefully before placing any Order, accessing, browsing or using this Site.
4. Agreement to these Conditions
4.1. By placing an Order with Forever After Recipes, you warrant that you are at least 18 years old or have your parent’s or guardian’s permission to buy from Forever After Recipes.
4.3. By accessing, browsing or using this Site you acknowledge that you have read, understood and agreed to these Conditions.
5.1. Prior to placing an Order, you must create an account though the Site.
5.3. Accounts can only be created for individuals and are created for the named individual only. Accounts may not be transferred or sold to another person. You may update or cancel your account at any time through the Site.
5.4. All information provided to us in the Account Creation process must be true and correct. A Customer must not have more than one active account at any time.
5.5. Customers may not distribute, share, transfer or permit their account information, including passwords to be used or accessed by any third party.
5.6. You must notify us of any changes to your personal information or Payment Method which was provided by you in the Account Creation process.
5.7. If you suspect or become aware that your account has been accessed without authorisation or a breach of security has occurred in relation to your account, you must immediately notify us of this breach by contacting email@example.com
6. Intangible Product Licences
6.1. Many of our Products are intangible and may come in the form of ebooks, PDF downloads, resource material, videos or online content. All of these Products are subject to copyright protection.
6.2. These intangible Products remain the property of Forever After Recipes. Once an Order has been completed and a Customer has discharged their obligations to pay or continue to pay for a subscription, Forever After Recipes grants to the Customer a single Licence to use the Product subject to these Conditions.
6.3. Intangible Products are the subject of a license to the Consumer and are not sold to the Consumer. The Consumer has no right to lend, copy, distribute, share, lease, edit, on sell, modify, create derivative works of the Product, transfer or trade the Product in any form. Forever After Recipes may encrypt, force password and/or stamp license details (including customer name, address etc) on its digital Products to protect our Products.
7. Subscription Charges:
7.1. Subscriptions will continue until terminated. When you subscribe you are given the option of 3, 6 or 12 month subscriptions. Unless the subscription is cancelled before the renewal date, the following period’s fees and charges will be charged to your nominated Payment Method.
7.2. The subscription fees and charges will be billed on your chosen basis to your Payment Method on the commencement day of your first paid subscription.
7.3. Forever After Recipes reserves the right to vary the fees charged for our subscription based Products from time to time. If fees are varied through the exercise of this right, then Forever After Recipes will inform you of any such variation and provide you with one month’s notice of any such change.
7.4. If you do not agree to this variation, you may cancel your subscription within 14 days of the changes coming into effect; you agree that this will be your only remedy with regards to a variation of our subscription charges. If you do not chose to cancel your subscription within 14 days of the change coming into effect, you will be deemed to have accepted the variation.
7.5. Upon your subscription to the Product, unless you notify us otherwise, you agree to subscription fees and all other charges relating to the subscription being billed automatically each period to the nominated Payment Method provided by you during the order process.
7.6. You must notify Forever After Recipes of any change to your Payment Method. If you do not notify us of any such change, then Forever After Recipes will assume that the details of your Payment Method remain correct and will continue to bill any fees or charges relating to your subscription to your nominated Payment Method.
7.7. If any subscription fees or charges billed to your account, are not processed for any reason, then Forever After Recipes will have the right to suspend your subscription until all fees and charges have been paid in full.
7.8. You agree to pay all costs, including legal fees on a full indemnity basis, which are incurred by Forever After Recipes in collecting any unpaid subscription fees or charges from the Customer.
7.9. Subscription fees will apply regardless of whether or not you use your subscription.
8. Physical Products
8.1. Forever After Recipes reserves the right to modify or change product specifications as required in order to improve our product range and availability. We recommend that you immediately inspect any product upon delivery to you to ensure that you are completely satisfied with the product.
8.2. Title and risk of tangible products pass to you on receipt or delivery of the product to the nominated address.
9. Order Cancellation:
9.1. Forever After Recipes reserves the right to accept or reject any order for any reason including if the product is unavailable, an error has occurred in your order, the product description or price has been incorrectly posted on the site or for any breach of these conditions.
9.2. If we reject an order placed by the customer, we will attempt to notify you of that rejection within a reasonable time after your order has been submitted.
9.3. If we suspect that a transaction has occurred that may be illegal or in breach of these conditions, we may contact you to confirm your payment and personal details. If we are unable to contact you we may cancel your order without further notice.
10. Adjustment of Order Information
10.1. All orders are considered final at time of placement. Please check your details carefully before submitting your order. Should you need to make an adjustment to your Order, please contact firstname.lastname@example.org immediately. Once an order is placed, there is no guarantee that it can be altered or changed.
10.2. Please note contacting carriers directly is the responsibility of the customer.
11. Sales Policy and Third Party Gateways
11.1. All transactions for purchase of our products are made through payment gateways such as SecurePay or PayPal.
11.2. Once you successfully complete a purchase you will be redirected back to our site or you will receive an email from us with a link to the product of your purchase;
11.2.1. If for whatever reason you are not redirect or you do not receive an email, please contact us with your transaction details, including the email ID through which the payment was made. We will revert back to you with your product details and download link as soon as practicable.
11.3. All purchases for digital downloads made on www.foreverafterrecipes.com are non-refundable or exchangeable. In the case where a purchase error is made please contact us via email@example.com to discuss a resolution.
12. Payment And Currency Disclaimer
12.1. All transfers conducted through Forever After Recipes are handled and transacted through third party dedicated gateways called SecurePay or PayPal.
12.2. Please read the terms & conditions for the payment gateway chosen for the transaction as they are responsible for any transactions made and are liable for any loss or damage you may suffer as a result of using the third party payment gateway.
12.3. All payment amounts are represented in AUD as this is the currency of our host country. Stripe does not provide converting transactions prices.
12.4. All Product prices are inclusive of GST unless stated otherwise. Any changes in the rate of GST will be automatically applied to the prices of our Products.
13. Payment Methods:
13.1. Payment accepted by credit card, debit card and PayPal.
13.2. Payments are subject to the terms and conditions of third parties.
13.3. In order for you to place an order for one of our products, you must submit valid payment details nominating a Payment Method. Valid payments will be processed once your order has been accepted by Forever After Recipes.
14. Tax, duty and customs charges
14.1. Customers located internationally may be required to pay sales tax, duty and/or custom charges.
14.2. All Taxes and customs charges are the responsibility of the customer and are not included in the cost of the order or shipping charge. Taxes and customs charges differ depending on the state of the shipping address. We suggest contacting your local customs office if you are unsure of the applicable taxes and customs fees that are relevant to you. Forever After Recipes is not responsible for any additional taxes and customs charges that are requested during the shipment of your Order.
14.3. Any costs incurred by us in shipment or delivery of our products to you will be charged to your Payment Method.
16.1. None of our employees hold medical or dietary qualifications and we are not a licenced medical care provider. We have no expertise in diagnosing, examining or treating medical conditions of any kind.
16.2. The recipes and advice on this website are not intended to replace the advice given to you by your surgeon or dietitian. You must at all times abide by the rules and guidelines set out by your surgeon and dietitian.
16.3. The recipes in each phase of pre and post op diet requirements are developed using broad guidelines. If a recipe does not meet the requirements set out by your medical team, do not include it in your diet. If in doubt, ask your dietitian.
17.1. You agree to indemnify us on a full indemnity basis, from any and all third party claims, liabilities, expenses, including solicitor/client costs, that may be incurred or suffered as a result of any breach of these conditions by you or any third party damage caused as a result or in connection with any breach by you of these conditions.
18.2. You agree to indemnify us from any claim, liability or expense arising from an injury or health problem that may arise from the use of our products.
19. External Links:
19.1. This Site may contain links which are hosted by third parties not associated with Forever After Recipes. The content displayed on those sites is not the responsibility of Forever After Recipes and we do not endorse or approve of these external websites or any services that are provided by those websites.
19.2. You agree that your choice to visit third party websites is undertaken at your own risk. Before relying on any of the content on any such site you should make appropriate enquires.
20. Site Conditions of Use
20.1. You must not:
20.1.1. Copy, distribute, adapt, post, transmit, share, edit, modify, create derivative works from the site or transfer any part of the site or any content contained on the site;
20.1.2. Do anything that may place an unreasonably or disproportionality large load on the site. You must not do anything that disrupts the functions or connected networks of the site;
20.1.3. Make any modifications to the site without proper authorisation in writing from Forever After Recipes;
20.1.4. Test, scan or circumvent the security of the site;
20.1.5. Use the site or any content in any way which breaches the rights of Forever After Recipes or any third party;
20.1.6. Use the account of another customer or impersonate another customer when using this Site;
20.1.7. Knowingly transmit any virus, worm, defect, Trojan horse or any other malicious code to the site for any reason; and
20.1.8. Use any method to autonomously create accounts by any means under fraudulent pretenses.
21.1. These Conditions will be construed and will take effect according to the laws of the State of Queensland and the respective rights, liabilities and obligations of the parties will be governed by the law of the State of Queensland.
21.2. The Customer and Forever After Recipes agree to submit to the exclusive jurisdiction of the courts of Queensland.
21.3. If you are entitled to any rights, remedies or claims under the Australian Consumer Law then these rights, remedies or claims arise independently of these Conditions and will not apply to any rights, remedies or claims that you may have under the Australian Consumer Law.
22.1. Account and Orders
22.1.1. We reserve the right to terminate your Account, remove or edit content, cancel orders at our sole discretion at any time without notice. We will not be held liable for any loss or damage arising from exercising this right.
22.1.2. If you wish to terminate your account or cancel an order, please contact us immediately by email at firstname.lastname@example.org. Once an order has been accepted and your payment has been processed, cancellation of the order is within our sole discretion. Any order which is not cancelled is subject to these Conditions and our Returns Policy.
22.2.1. Subject to these Conditions, you may cancel your subscription at any time by contacting email@example.com. You will continue to have access to the Product through till the end of your subscribed billing period
23. Changes to these Conditions
23.1. We reserve the right to modify these conditions at any time. Please review these conditions frequently and before placing an order. Changes and clarifications will take effect immediately upon their posting on the site. If we make material changes to these conditions, we will notify you here that it has been updated.
23.2. If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell Products to you.
24.1. If any court or other competent authority declares any part of these conditions unenforceable or if these conditions would, if any part were not omitted, be unenforceable then:
24.1.1. That part will, without in any way affecting the enforceability of the remainder of these conditions, be severable and these conditions is construed as if that part were not contained in these conditions; and
24.1.2. The parties must attempt to renegotiate that part in good faith.
24.2. The parties agree that any disputes will be taken to The Australian Commercial Disputes Centre: https://disputescentre.com.au/ before any legal avenues are explored.
25.1. You agree that we will charge you for any Product ordered through your account.
25.2. You are liable and responsible for any person who uses your account to place orders through the Site.
25.3. You should be mindful of any request for credit card or account information. Providing information to these types of requests can result in identity theft.
25.4. Forever After Recipes reserves the right to amend any information, including but not limited to prices, technical specifications, terms of purchase and product offerings without prior notice.
25.5. You are responsible for any costs associated with accessing the site.
TERMS AND CONDITIONS OF PROMOTION - WIN A QARDIOBASE2!
1. The promoter is: Forever After Recipes. A part of the Johnston Family Trust Pty Ltd (ABN 32 602 299 121)
2. The competition is open to residents of Australia aged 18 years or over except employees of The Johnston Family Trust and their close relatives and anyone otherwise connected with the organisation or judging of the competition.
3. To be eligible to enter this competition, you must join foreverafterrecipes.com via the membership page at www.foreverafterrecipes.com/membersignup.aspx
4. By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
5. Only one entry will be accepted per person. Multiple entries from the same person will be disqualified.
7. Closing date and time for entry will be midnight, 30 June, 2018. After this date the no further entries to the competition will be permitted.
8. No responsibility can be accepted for entries not received for whatever reason.
9. The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.
10. The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
11. The prize is as follows:
1. QardioBase2. Valued at A$249.00
The prize is as stated and no cash or other alternatives will be offered. The prize is not transferable. Prize is subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
13. Winners will be chosen the team at Forever After Recipes Pty Ltd
14. The winner will be notified by email at midday on the 1 July, 2018 (AEST). If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
14. The promoter will notify the winner when and where the prize can be collected / is delivered.
15. The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
16. By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
17. The winner agrees to the use of his/her screen name or real name (as may be the case) being published on the website www.foreverafterrecipes.com as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current Australian data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
19. The winner’s name will be available for 14 days after closing date by emailing the following address: firstname.lastname@example.org.
20. Entry into the competition will be deemed as acceptance of these terms and conditions.