This page sets out the Terms of Use for the website www.glutenfreedietfinder.com.au and all content at that domain (collectively, “the website”).  You should read these Terms of Use carefully. By continuing to use the website you agree to these Terms of Use, including various disclaimers and limitations on our liability.   

Contacting us  

If you need to contact us, please email us at  This email address is being protected from spambots. You need JavaScript enabled to view it. or us using the Contact Us form or, for any urgent matters, you can call us on (+61) [1300 to be updated].

License to use 

The aim of the website is to provide a mechanism for the general public to search for cafes, restaurants, bistros and other food services (collectively “food services”) and the types of services offered.  Subject to you complying with these Terms of Use, we grant you a limited, non-transferable, non-exclusive, revocable and personal licence to use the website: (i) for the purpose of viewing information about different food services and (ii) to provide your genuine feedback as to a food service listed in the website directory by providing a rating of that food service. 

Providing food service ratings

The website provides functionality which enables you to provide a rating of food services listed in the website’s directory.  Where you use this functionality, you must at all times ensure that the feedback you provide is reasonable, reflects your views, is based on personal first-hand experience and is intended to be helpful and relevant to the relevant food services and its customers (or prospective customers).  Any food service ratings you provide must be voluntary and not for in exchange for any financial or other reward or incentive. If you are offered any reward or incentive for posting feedback please contact us immediately.  You must also ensure that you provide only one rating per food service listed in the website directory.

eNewsletters

Where you provide your email address through the webstie you automatically become an email subscriber and consent to us sending you our electronic newsletter and other emails related to the marketing and administration of the website, our business generally and the products and services of businesses which we believe may be of interest to you (collectively “eNewsletters”).  You may unsubscribe from our eNewsletter service at any time by contacting us on the details set out above.  eNewsletters are provided for your personal and non-commercial use only.

Prohibited use

In addition to all other requirements in these Terms of Use, you must not use the website or any eNewsletter we send: (i) for any commercial purpose(s) (without our express written permission); (ii) to bring us or the website into disrepute; (iii) in any manner which is unlawful or which causes you or us to breach any law, regulation, rule, code or the legal rights of any person; (iv) in the case of the website, to use any code or device referring to the website or otherwise to our network(s) to direct people to another web page or to use any device or mechanism, such as a browser, spider, robot, avatar or other intelligent agent, to navigate or search the website or any of our network(s) other than generally available third party web browsers (such as Microsoft Explorer), or (v) to attempt to modify, adapt, sublicense, translate, sell, decipher, decompile, disassemble, reverse engineer or otherwise disassemble any portion of any eNewsletter or the Website (except to the extent permitted by law).

Intellectual property rights etc.  

The website and eNewsletters contain material that is protected by Australian and international intellectual property laws, confidentiality and other legal rights and obligations.  You must ensure you do not breach those rights and obligations and comply with any limitations on use, reproduction and/or dissemination.  This applies to content we provide and content provided by others.  You may not (i) re-use any content or other website service in providing your own publications, website, other type of distribution service(s) or for the purpose of commercial re-supply, or (ii) reproduce content without our express permission or the permission of the copyright owner (except that you may print a copy of any page within the website for your own personal use). Except for the limited license expressly granted, nothing in these Terms of Use constitutes a transfer of any intellectual property rights to you. Provision of the website, including any related content and services, may include the sublicensing of third party content, software, information systems and/or other material, however, as between you and us, we own all intellectual property rights in connection with the website.  

Consumer guarantees

All disclaimers in these Terms and Conditions and limitations on our liability to you are subject to all applicable laws which prohibit or restrict the exclusion or modification of implied warranties and/or limitations on our liability, including (without limitation) any consumer guarantees mandated by the  Australian Consumer Law (“ACL”).  

DISCLAIMERS

Limitations on our involvement and services.  While the website and our eNewsletters may include content about different businesses (such as in a directory listing or advertisement), you agree that we do not act as a referral service and in no way are we involved in any aspect of the relationship between you and any food service or other business.  Advertising, directory listing(s) and eNewsletter features do not represent our endorsement of or warranties in relation to whatever is being listed, advertised or otherwise featured.

Limitations on the content provided.  While we hope to provide general information, directory listings, advertisements and other content that is interesting and reliable, we make no guarantees that it is up to date, accurate or relevant – at the time you view content, there may be delays, it may be out of date, not true for the location(s) relevant to you, contain inaccuracies or errors or be otherwise untrue.  We make no endorsements and no representations or statements as to the reliability, accuracy or suitability of any content, directory listings or advertisement for your specific purposes. Further, the type of content available on the website may change over time.

Do not assume we vet content.  You should not assume that we vet or verify any content published on the website – other website users and businesses can contribute content without our prior review.  Where we are advised of content that is in appropriate or inaccurate, we will review such content and, in our discretion, may remove such content.  However, at the point in time when you view any content you should assume that it has not been vetted or reviewed by us.  

Types and quality of food services offered.  Further, we undertake no vetting procedures of any businesses or food services listed or advertised on the directory.  We rely on the honesty and accuracy of information contributed by our website users.  As such, we cannot guarantee, make no recommendations and accept no responsibility as to the types, characteristics, prices or quality of food services listed in our website directory or otherwise advertising on our website.  While food services are listed as having certain characteristics or offering certain types of diet-appropriate food, it is for you to make your own independent inquiries and verifications as are appropriate and you assume full responsibility for any reliance you place on any directory listings, advertisements or other website or eNewsletter content.  

Ratings and user reviews.  Any ratings and user reviews posted by other website users (“ratings”) represents their (and not our) opinion and view and may not be true or reliable.  We do not verify whether any ratings and other user contributions are reasonable or require users to provide justifications for their rating.  One person’s experience and tastes may vary widely from another’s.  We do not warrant or represent that your experience with the food or other products/services from one business or food service will be a reflection of or in any way determined by the ratings indicated on the website.  It is a condition of your use of the website that you accept all risks, losses, costs and expenses related to your reliance on any ratings.  

No professional advice.  Any content published is by way of general information only and neither the website, any eNewlsetter nor any content should be considered professional advice to you.  Professional advice needs to consider all relevant details of your particular personal or business circumstances. For professional advice you should consult a qualified professional to consider your specific circumstances. You acknowledge that we have no knowledge of your (or any other user’s) health condition(s) or dietary requirements and that you alone are responsible for any actions you take that may have any health, diet or other risks to you.  You should seek advice from your professional medial and health advisors prior to undertaking any course of action that may have health/dietary effects for you. 

Linking.  The website may contain links to or from other external websites not operated by us ("linked sites"). Where we provide links, we do so for your convenience only and in no way endorse or recommend the linked site, its products or services. By using a link to an external website, you accept all risks associated with accessing and using that external website including any negative impact it may have upon your computer.   

Please contact us to request permission if you would like to link to, frame or mirror any part of the website or to include a link in content you provide through a messaging service. You should not proceed without our express permission.  However, since we cannot control external websites linking to our website, links should not be considered as our endorsement of any external website or business.    

Exclusion of warranties. We exclude all representations and warranties related to any goods or services we provide other than those expressly set out in these Terms of Use and those which by law cannot be excluded.  The website, website functionality, technical aspects of the website and all content (including in eNewsletters)  are provided “as is”, may contain inaccuracies and/or errors, may be unsuitable for you, may be incomplete and unreliable, may not provide the results you desire and may be otherwise be inappropriate for your purposes. Your use of the website, website functionality, all content and any related information and/or services we may offer is on the basis that you assume responsibility for all associated risks, whether or not foreseen and do not rely on any representations or warranties from us.

OUR LIABILITY TO YOU

Subject to the ACL and to the extent permitted by law: (i) we limit the entirety of our liability to you to $10 (AUD); and (ii) all liability in respect of any special, indirect or consequential loss or damage is excluded. For the avoidance of doubt, liability limited by this section includes liability in any way related to:

  • the website content and functionality (including your reliance on any website content);
  • the content of our eNewlsetters;
  • any business or food service advertised on the website or listed in the website directory (“Business”) and any harm, loss or damage you suffer through your dealings with such Business;
  • any claim or complaint which you may have against any Business or which any Business may have against you;
  • advertising on the website; and
  • loss of data or breach of our Privacy Policy.   

To the maximum extent permitted by law, where liability cannot legally be limited in the above manner, then our liability in respect of any claim, at our option, is limited to: (i) in the case of services supplied or offered by us, the re-supply of our services or the payment of the cost of having the services supplied again; and (ii) in the case of goods offered or supplied by us, the replacement, repair or resupply of those goods or the payment of having the goods replaced or repaired. 

To the extent that any provision purporting to limit our liability is held to be unenforceable, then our liability is limited to the maximum extent permitted by law. You also agree to waive any claim which you may otherwise have against any of our third party suppliers.  

Changes to the Terms of Use  

At times we may change the Terms of Use by publishing an updated version on the website which will supersede all previous versions.  Changes may be made to protect our interests and to reflect changes in the website and any products or services we offer.  At all times you are free to terminate your use of the website and this agreement with us.

Termination  

These Terms of Use may be terminated at any time and for any reason (i) by you, by ceasing all further access to or use of the website; or (ii) by us, by ceasing to operate the website or advising you by email.

Termination may be of immediate effect and without any prior notice.  Any rights, obligations and liabilities which have accrued at the point of termination will continue beyond and survive termination. All provisions related to any warnings and disclaimers by us and any limitation on our liability continue after and survive termination of this agreement (including any provisions required to give effect to those provisions).  

Miscellaneous

You may only use the website within Australia, as an individual and you must be at least eighteen years of age and an Australian resident.  

These Terms of Use form the entire agreement between you and us with respect to the subjects set out in these Terms of Use (unless you are become a website subscriber in which case the Subscriber Terms of Service also apply).  If any provision of your agreement with us is invalid or unenforceable, the relevant provision shall be deemed to be removed and replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall continue in full force and effect.  Any failure to assert any right under your agreement with us does not constitute a waiver of such right. No waiver of any term of this agreement will be deemed a further or continuing waiver of that term.  This agreement is governed by and construed in accordance with the laws of Queensland and each party submits to the exclusive jurisdiction of the courts of Queensland. 

Definitions and Interpretation

In these Terms of Use the words "includes", "including" or "such as" are not words of limitation, and when introducing an example, do not limit the meaning of the words to which the example relates to examples of a similar kind. Person means an individual, corporation, government or governmental agency, estate, trust, partnership, association or other legal or commercial entity or undertaking. The singular includes the plural and vice versa and any gender includes any other gender.  Headings (including those in brackets at the beginning of paragraphs) are for convenience only and do not affect the interpretation of this agreement. 

In addition to the definitions already set out:

  •  “content” means any information, opinions, commentary, graphics and any other materials viewable on the website or provided in any eNewsletter; 
  • the website” means www.glutenfreedietfinder.com.au and all content residing in that domain, including the website functionality, the website forum, the layout, design and underlying code and systems; 
  • we”, “us” and “our” refers to Dean Nilsson t/as Gluten Free Diet Finder ABN 34 564 643 580;
  • website functionality” means the nature, composition, features, availability, functions and all other aspects of the operation of the website; and
  • you” and “your” refer to (i) you as a website user personally and (ii) if you are accessing the website within the scope of your employment and/or on behalf of a company, that employer and/or company (as appropriate).  

(Updated as at 26.06.2014)