Welcome to the Terms of Use (‘Terms’) for the ‘Kris Goetz’ website and any associated Services. This is an agreement between FOOD OF TOMORROW Pty Ltd, the owner and operator of www.krisgoetz.com, any associated Services and you, a User of this website and Services.

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These Terms apply to all Users of these Services. We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. By using our Services, you agree to be bound by these Terms as well as any and all general terms and conditions posted on our Services from time to time. If you do not accept these Terms you are not permitted to use our Services.

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For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to www.krisgoetz.com, any associated service and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

You must be over 18 years of age to use this website and to purchase or use any of our Services.


OUR SERVICES ARE NOT A SUBSITUTE FOR MEDICAL ADVICE

We provide our Services for the purpose of assisting and providing guidance to people who are lactose intolerant or have dairy allergies. We also offer assistance for people who would like to reduce and cut out dairy for health, environmental, ethical or other reasons.

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The Services we provide on and through this website are for general information purposes only and are not a substitute for any professional or medical attention, treatment, examination, advice or diagnosis. It is not intended to provide a clinical diagnosis nor take the place of proper medical advice from a fully qualified medical practitioner. You are responsible for consulting a medical professional before using any of our Services, before commencing any new regimes, making alterations to your diet, trying any treatment or taking any course of action that may directly or indirectly affect your health or well-being.

You agree that you commence any new regime, change to your diet or lifestyle at your own risk. We recommend that any pre-existing condition be treated by a suitable medical professional and that any information provided by the Services is not to be relied on in substitution.


HEALTH AND ALLERGEN DISCLAIMER

On occasion we will recommend various products within our Services. Whilst we make every attempt to ensure that the labelling of any products supplied by the manufacturer accurately lists all of the ingredients used, we rely on the representations and warranties made by the manufacturer. If you have any sensitivities or allergies to any listed ingredients you should not consume these products. Should you develop any symptoms or allergic reactions, discontinue use immediately.

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The information and any recipes or recommended diet advice contained in our Services is for general information purposes only and is not meant to substitute individual personal and professional dietary advice or treatment. If you have or suspect you may have allergies or medical issues which may be affected by certain foods, or, after taking any of our products, find you may have or be experiencing side effects, you should promptly contact your health care provider. Any statements regarding dietary supplements are to be used at your discretion and are not intended to diagnose, treat, cure or prevent any disease.


TESTIMONIALS

Any testimonials on this website may not reflect the results that you may achieve. Please be aware that your results may vary and your experience may not be similar to the experience of the user testimonials that are displayed on this website.


ACCOUNTS

You must register and set up your account in order to use and access the Services on our website.

When you set up your account and login, you agree:

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• You will not share your password or login details with any other person;

• You will immediately notify us if you believe or have reason to believe your profile or login details have been compromised;

• You warrant that all information you provide is true, correct, up-to-date and accurate personal information and details; and

• You will at all times ensure you will keep your contact and other information updated.

PAYMENT AND REFUNDS

We provide an online Course as part of our Services and as outlined in the program description. The first day of the Course is free. You must pay the Program Fee for the subsequent period of the Course via credit card or Paypal. Your access to the Course will be only for the limited time period specified, and if you wish to run or commence the Course again, you will incur a further Program Fee.

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We at all times will abide by the Australian Consumer Law with respect to any refund. We will also provide you with a full refund within 14 days of completing the Course if you are not fully satisfied.


CONTENT REQUIREMENTS

We encourage you to contribute User Content to our blog and website, however, we have high User Content standards that you are required to meet and abide by.
Any User Content must:

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• Not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

• Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

• Not include personal advice or diet preferences.

• Not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.

• Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms.

• Not be likely to deceive any person.

• Not promote any illegal activity, or advocate, promote or assist any unlawful act.

• Not cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

• Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organisation.

• Not involve commercial activities, promotions or sales, such as contests, and other sales promotions, or advertising; and

• Not give the impression that they originate from us or any other person or entity, if this is not the case.

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We try to ensure we review our website on a regular basis to ensure our high User Content standards are met, but we cannot be responsible for any User Content that is posted by other Users that may not comply with the User Content standards. In the event we find any Users that are breaching our Content requirements, are posting inappropriate or offensive content or for any other reason in our sole discretion, we may ban the User from our site and provide no further access to any of our Services.


ALTERATION, DELETION OF CONTENT

We reserve the right at any time and from time to time to alter or delete any User Content. In particular, if we believe the User Content does not comply with our User Content standards, or breaches regulations, or we receive complaints, or for any other reason in our reasonable discretion, we may alter or delete User Content at any time without notice. We shall not be liable to you or any third party for any alteration or deletion of User Content.


RESTRICTIONS ON YOUR USE

We grant you the right to access and use the Services for the purpose of providing informative educational material to assist you with limiting or reducing your dairy intake. This right is non-exclusive, non-transferable and limited by these Terms. You may only use the Services for personal and non-commercial purposes and may not copy, share or otherwise use our Services for commercial purposes.

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When accessing and using the Services, you must:

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• Not attempt to undermine the security or integrity of our computing system, or network, or where the Service is hosted by a third party; that party’s computing systems and networks;

• Not use, or misuse the Services in any way which may impair the functionality of the Services or other system used to deliver the Services, or impair the ability of any other User to use the Services;

• Not attempt to gain unauthorised access to any materials other than those to which the you have been given express permission to access or to the computer system on which the Services are hosted;

• Not transmit, or input into the Services any files that may damage any other person’s computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets) which the you do not have the right to use;

• Not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the Services; and

• Not attempt to modify, copy adapt, reproduce, disassemble, decompile, or reverse engineer any computer programs used to deliver the Services except as is necessary to use for normal operation.

AVAILABILITY OF SERVICES AND SECURITY

We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We do not warrant that it will meet your requirements or that it will be suitable for any particular purpose. We will use our best endeavors to ensure the Services are always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavor to notify you if the Services become unavailable for any lengthy and unusual time period, but we are not responsible to you if the Services are unavailable.

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We take reliability and security seriously and put significant effort into ensuring that we maintain a secure environment for all data. However, no system is perfectly secure or reliable, and the reliability of hosting services, third party vendors, Internet intermediaries, your Internet service provider, and other service providers to provide software, hardware and storage cannot be assured. When you use our Services, you accept these risks.

To avoid doubt, all implied conditions or warranties in relation to the Services are excluded so far as is permitted by law, and in particular under the Australian Consumer Law.


LINKS TO OTHER WEBSITES

We may from time to time provide on our website, links to other websites, advertisements, recipes, wellness, diet and general information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between us and the owners of those websites. We take no responsibility for any of the content found on the linked websites.

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Our website may contain information or advertisements provided by third parties for which we accept no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.


INTELLECTUAL PROPERTY

All Content is our Intellectual Property. All other trademarks or service marks within these Services are the property of their respective owners. Nothing in these Terms grants you any right to use any of our Content, or any trademark, service mark, logo, and/or our name without our express permission.

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All Intellectual Property Rights in the Services including any material other than the User Content is owned by us. You are solely responsible for obtaining our prior written permission before re-using any Content that is available on the Services. All Intellectual Property Rights in the User Content is that respective users. You are solely responsible for obtaining their prior written permission before re-using any User Content that is available on the Services. Any unauthorized use of the materials appearing on this Service may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software or Content obtained from the Services which are not yours.


AUSTRALIAN CONSUMER LAW

For the purposes of the Australian Consumer Law, our liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

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It is an essential pre-condition to you using our Services that you agree and accept that we are not legally responsible for any loss or damage you might suffer related to your use of the Services whether from errors or from omissions in our Services, or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on our Services is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that our Services available through this website meet your specific, personal requirements. You acknowledge that such Services may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.


TERMINATION

You agree that we may, in our sole discretion, terminate or suspend your access to the Services with or without notice and for any reason, including, without limitation, a breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating and may be referred to the appropriate law enforcement authorities.

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Upon such termination, regardless of the reasons, your right to use the Services immediately ceases and you acknowledge and agree we may immediately deactivate or delete your User Content and information. We may also bar you from any further access to our Services. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.


LIMITED LIABILITY AND INDEMNITY

You take full responsibility and risk for making any decision based on using our Services. You hereby agree to irrevocably release and waive any claims you may have now or in the future against us and we take no responsibility or liability whatsoever for any loss, damage or injury that may arise from any person acting on any information contained in our Services and all such liabilities are expressly disclaimed.

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You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our Services, the User Content or any information contained on the Services or linked to it. This includes but is not limited to any loss, personal injury, death, system and property damage, loss of profits, revenue, salary, reliance on the information on the Services, access to or inability to use the Services, or inaccuracy or loss of your User Content from the Services or removal of the Services.

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You acknowledge, agree and undertake that you shall be the legally responsible party for any conduct and contact by you in respect of any legal proceedings and you agree and undertake to indemnify us and keep us at all times fully indemnified from and against any claims, demands, costs, damages or awards whatsoever arising directly or indirectly as a result of any conduct by you in using our Services including but not limited to any third party claims.


GENERAL

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

If any clause is illegal, void or unenforceable, then such a clause will be severed from these Terms and shall not affect or modify the enforceability and construction of the other clauses in these Terms.

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These Terms represent the whole agreement between you and us concerning your use and access to our website and Services. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.


GOVERNING LAW

These Terms are governed by the laws of NSW which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of NSW for determining any dispute concerning these Terms.

DEFINITIONS

“Content” means anything we submit as material to be included in the Services, including all custom graphics, icons, logos and service names, links, words, images, photos, videos.

"Course" means our online course which provides you with FAQs and benefits and success stories of dairy free living, and health impacts of dairy, amongst other educational information and guidance.

"Intellectual Property Rights" means all intellectual property rights including rights in copyright works, registered and unregistered trademarks, brands, logos and devices, any design rights, inventions, and patents, trade secrets and confidential information.

"Program Fee" means the fee indicated on our Program, Course or website which may vary from time to time.

"Services" includes the Course and any online materials, consulting, coaching, programs, sessions, and all goods and services that may be accessed through our website from time to time.

"Starter Kit" includes the information, any products, materials or services as indicated on the website that may be included and provided as part of the Course..

“User” means anyone who uses the Services, or views or accesses the Services, and includes You.

"User Content" means anything you submit as material to be included on the website, including all material, links, words, images, photos and videos.