Terms of Use for the Monash University FODMAP diet mobile application.

Please carefully read these terms and conditions (Terms of Use) for use of the Monash University FODMAP diet mobile application (Application) before you use the Application.

1. Terms of Use
   
   
   1. In these Terms of Use:
      • a) the expression ‘user’, ‘you’ and ‘your(s)’ refers to the person or organisation accessing and using the Application;
      • b) the expression ‘we’, ‘us’, ‘our’ and “the University” means Monash University;
      
      
   2. The Application is owned and operated by Monash University (the University). The University reserves the right to amend, modify, add, delete and make corrections to the Terms of Use or by updating the Application to incorporate new Terms of Use, at any time and without notice. All changes are effective from the date they are posted and your continued use of the Application will constitute your acceptance of the variation of the Terms of Use. It is your responsibility to ensure you are aware of any changes to these Terms of Use each time you utilise the Application.
      
      
   3. Your use of the Application indicates that you accept these Terms of Use and that you agree to abide by them as a legally binding agreement between you and us. Your acceptance of these Terms of Use takes effect on the date on which you install or use the Application.
      
      
   4. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU MUST IMMEDIATELY CEASE DOWNLOADING, INSTALLING, DISPLAYING OR USING THE APPLICATION.
      
      
2. Use of the Application by you
   
   
   1. You may download the Application, to view, use and display the Application on your mobile device for your personal use only. You may use the Application to view information and material provided by us. You may not use the Application for any other purpose.

      
      
   2. You must use the Application in accordance with these Terms of Use and in accordance with any applicable law and regulation relating to downloading or in relation to the technology used or supported by the Application.
      
      
   3. You must not:
      
      
      • a) copy, transmit, distribute, reproduce, licence, alter, reverse engineer, adapt or modify the whole or any part of the Application in any way whatsoever;
        
        
      • b) use the Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or hacking into or inserting malicious code, destruction of data, including viruses, or harmful data, into the Application; and
        
        
      • c) use the Application for commercial purposes.
        
        
3. Intellectual Property
   
   
   1. All intellectual property in the information and material published on the Application is owned by the University. You obtain no interest in the intellectual property. All content in the Application, including but not limited to all software, design, brand names, text, photographs, information, sound recordings, images and other material is protected by copyright, trademark and intellectual property laws in Australia. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the Application or any of its components.
      
      
   2. You acknowledge that you have no rights in, or to, the Application or technology used or support by the Application, other than the right to use the Application in accordance with the terms of this Agreement
      
      
4. Termination
   
   
   1. If you breach these Terms of Use, we may cancel or suspend your use of the Application at any time by providing you a written notice to this effect.
      
      
   2. Where the University cancels your use of the Application, you agree that you shall immediately, or within any period specifically notified to you by the University:
      
      
      • a) stop using the Application;
        
        
      • b) delete or remove the Application from any and all mobile devices;
        
        
      • c) destroy all copies of the Application in your possession or control;
        
        
      • d) provide confirmation that you have complied with this clause 4.2 and that you will not in the future breach these Terms of Use, nor will you cause, assist or induce any other person to do anything which would be a breach of these Terms of Use.
        
        
   3. The University may cease operating the Application at any time, without notice, and terminate this Agreement.
      
      
   4. You may terminate this Agreement at any time by deleting the Application from all mobile devices on which you have installed the Application.
      
      
5. Material within the App
   
   THE INFORMATION AND MATERIAL PROVIDED IN THIS APPLICATION IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY.  IT SHOULD NOT BE USED OR RELIED ON AS MEDICAL ADVICE OR TO DIAGNOSE, TREAT, CURE OR PREVENT ANY MEDICAL CONDITION. WHILE CARE HAS BEEN TAKEN IN CREATING THIS APPLICATION, THE UNIVERSITY DOES NOT WARRANT OR REPRESENT THAT ANY INFORMATION OR MATERIAL PROVIDED THROUGH THIS WEBSITE IS ACCURATE, COMPLETE, UP TO DATE OR SUITABLE FOR ANY PURPOSE.  WE STRONGLY RECOMMEND THAT YOU TO SEEK ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL BEFORE YOU MAKE CHANGES TO YOUR DIET, EATING OR PHYSICAL EXERCISE HABITS/PLANS.
   
   
6. Exclusion of warranties, liability, etc.
   
   
   1. All content and services on or available through the Application are provided on an ‘as is’ and ‘as available’ basis and without warranties of any kind, expressed or implied except any which may be implied by statute and are incapable of exclusion.
      
      
   2. To the maximum extent permitted by law, the University excludes, and does not make any representation, warranty or endorsement of any kind, whether express or implied, in relation to the content, accuracy, completeness, accessibility, suitability, safety, security, reliability, or any other aspect of:
      
      
      • a) any material and/or information in the Application;
        
        
      • b) the performance and availability of the Application; and
        
        
      • c) the loss, damage, corruption or degradation of any data or other material as a result of the use of the Application.
        
        
   3. To the maximum extent permitted by law, the University excludes all liability for any loss or damage whatsoever which is suffered, (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, loss of profits or revenue, business interruption, loss, damage or corruption of data or failure to realise anticipated savings or benefits or business opportunities) as a result of:
      
      
      • a) the use of, reliance on, or action taken as a result of, any information or material in the Application for any decision or otherwise;
        
        
      • b) accessing, displaying and using the Application and/or participating in any on-line activities contained therein;

        
        
      • c) any interruption, suspension or termination of the Application in whole or in part for whatever reason including failure of or suspension of public or private telecommunications network;
        
        
      • d) the unavailability, unsuitability and non-connectivity of third party sites;
        
        
      • e) any loss, damage, corruption or degradation of any data or other material as a result of the use of the Application and or viruses or other technologically harmful material that may infect your mobile device due to your use of the Application.
        
        
   4. In accessing the Application, you must take your own precautions against the risk of viruses, malicious computer code or other forms of interference.
      
      
   5. You hereby waive, release, forgive, discharge and relinquish any and all claims that you may have against the University, its related bodies corporate, directors, officers, employees, contractors, agents and representatives, in connection with, or arising out of, or incidental to, your access to or use of the Application including but not limited to downloading any information and materials in or from the Application.

      
      
   6. You release and indemnify the University, its related bodies corporate, directors, officers, employees, contractors, agents and representatives (“those indemnified”) from and against:
      
      
      • a) any loss or damage or liability for any loss or damage incurred by you; and
        
        
      • b) any loss, liability, claim, demand, damage or expense (including legal fees) made by any third party against those indemnified, howsoever caused (including through negligence) directly or indirectly arising out of or in connection with:
        
        
        • i. your use of the Application or any linked website, including by making or carrying out any commitments;
          
          
        • ii. your use of or reliance on information contained in or accessed through the Application; or
          
          
        • iii. breach by you of the Terms of Use.
          
          
   7. The exclusion of liability applied to these Terms of Use as set out in this clause 6 applies to claims whether in contract, tort (including, without limitation, negligence) or equity and even if the University has been notified of the possibility of such loss or damage.
      
      
   8. You agree that any legal liability on the part of the University will be reduced by the extent, if any, to which you contributed to the loss.
      
      
   9. These Terms of Use do not attempt or purport to exclude liability arising under statute if, and to the extent, that such liability cannot be lawfully excluded.
      
      
7. General
   
   
   1. These Terms of Use shall be governed by and construed according to the laws in force in the State of Victoria, Australia, and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria.
      
      
   2. This agreement constitutes the entire agreement between you and us relating to the Application and supersedes all prior agreements between us in relation to the Application.
      
      
   3. The invalidity or unenforceability of any provision of this agreement shall not affect the rest of the provisions in this agreement, which will continue in full force and effect.
      
      
   4. Any provision of these Terms of Use which is found by a court of law to be invalid or unenforceable must, without invalidating or affecting the enforceability of the remaining provisions, be read down or severed to the extent of the invalidity or unenforceability.
      
      
   5. No provision of these Terms of Use will be taken to be waived except by written notice signed by you and us.