Social Media T&Cs

Food is Cool Pty Ltd ACN 653 538 026 operates and is connected to various social media websites and networks. We have created some terms and conditions (the “Terms and Conditions”) for your use of Food is Cool’s social media community, which may span foodiscool.com, Facebook, Instagram, LinkedIn, Pinterest, Google+, YouTube, Twitter, media sharing facilities, forums and discussions boards, blogs and any medium which may be used to publish or communicate user-generated content operated by or associated with Food is Cool (Social Media). These terms and conditions are in addition to each of the social media platform’s terms and conditions that govern your use of such sites.

Please read the following Terms and Conditions carefully, as they provide information about using our Social Media in a way that is respectful and lawful. By using, or submitting material to, Social Media you agree that you have read, understood, accept, and agree to abide by these Terms and Conditions. If you do not accept these terms and conditions, you must refrain from using Social Media.  We reserve the right to amend these terms and conditions from time to time.  Your continued use of Social Media following such notification represents an agreement by you to be bound by the terms and conditions as amended.Where there is a conflict between these Rules and the terms and conditions of the relevant social media channels, the social media channels’ terms and conditions will prevail.

In these terms and conditions, the expressions ‘we’, ‘us’ and ‘our’ are a reference to Food is Cool Pty Ltd ACN 653 538 026. 

Moderation of the Social Media

We strive to empower and create dialogue with users of our Social Media and encourage you to share content via Social Media in accordance with these Terms and Conditions (Contribution). To help us do that, we try to monitor the Community during business hours (9am-5pm AEST), Monday to Friday, excluding Australian  public holidays). We will try to check that all Contribution to Social media comply with our acceptable use standards described below (Acceptable Use Standards) as soon as reasonably practicable after publication.

If in our opinion an individual makes use of Social Media in breach of these Terms and Conditions, we reserve the right to remove, or to disable access to, any Contribution, and to terminate, suspend or change the conditions of their access to Social Media without prior warning. We also reserve the right to bring legal proceedings against any individual for a breach of the Terms and Conditions, or take such other action as we reasonably deem appropriate.

We expressly exclude our liability for any loss or damage arising from the use of Social Media by any person in contravention of these Terms and Conditions. While we try to moderate Social Media, we are not legally responsible for any material posted by third parties and we may stop, or suspend, moderating Social Media at any time.

Intellectual property rights statement

As between you and us, all intellectual property rights in Social Media, including in design, text, graphics, logos, icons, sound recordings and all software relating to Social Media belong to or are licensed by us.  These intellectual property rights are protected by Australian and international laws.

You grant to us a global, non-exclusive, perpetual, sub-licensable, royalty-free licence to use any data, content, information, feedback or comments that you upload, post, or publish on Social Media.  If any of that information is regarded as your ‘personal information’ as defined in the Privacy Act 1988 (Cth), we ask that you please review our Privacy Policy which is available on our website, which sets out how we use, disclose and otherwise manage your personal information.  If you collect personal information about a third party individual, you must obtain that individual’s prior written consent before posting or otherwise sharing that personal information on Social Media.

Important considerations

You acknowledge that:

  • The views expressed by any individual within Social Media are those of the individual and do not necessarily reflect the views of Food is Cool

  • Any medical advice or information posted to Social Media should not be regarded as advice on which any reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by a user of Social Media, or by anyone who may be informed of any of its contents. You must always seek medical advice from your doctor or a suitably qualified medical or education professional.

  • Any advice or information posted to Social Media should not be accepted as true or correct. It is up to individual users to check the validity of any advice or information before relying on it, especially where the consequences of following it could be serious.

Acceptable use standards

We want to create an open, caring and respectful community via our Social Media. In using Social Media, your Contributions must:

  • Be accurate 

  • Avoid quoting out of context and credit the original source of material or author

  • Comply with all applicable domestic, foreign and international laws that govern the content which makes up the Contribution

You also agree that your use of Social Media and Contributions will not:

  • Be defamatory, unlawful, obscene, offensive, hateful, abusive, inflammatory, threatening, invasive of anyone’s privacy (including minors),sexually explicit, harrassing, intimidating, fraudulent or otehrwise inappropritate;

  • Be bullying, disparaging, or violent in nature

  • Infringe any intellectual property rights including copyright, design right, database right, patents, trade mark, moral or performer’s right or any other third party right 

  • Be misleading nature or makes any misrepresentation, regardless of whether the material is deliberately misleading;

  • Contain any advertising;

  • Contain a virus or other malicious code; or

  • Give the impression that the Contribution emanates from Food is Cool if this is not the case, or impersonate any person, or misrepresent your identity or affiliation with any person 

We will not be responsible or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Website.

Access

Access to Social Media may be withdrawn, monitored, restricted or blocked at any time without notice.  These terms and conditions will survive any such withdrawal, monitoring, restriction or blocking. Food is Cool may in its absolute discretion, remove, hide or block any material or content that you post or publish on Social Media, including without limitation, any material that Food is Cool determines to be inappropriate (including spam), or in breach of this agreement.

If you breach this agreement, Food is Cool may, in its absolute discretion, block or limit your access to Social Media and cancel your membership.

Minors

Social Media is intended for use by individuals aged 18 years or more. Minors must get permission from their parents or guardians before using Social Media. We recommend that parents who allow their children to use Social Media discuss online safety with their children first and that parents endeavour to monitor any use of Social Media. Minors should also be given guidance on how to use Social Media in a way that complies with these Terms and Conditions.

Linked websites

Social Media may contain links to other websites.  The links are provided for convenience only and may not remain current or be maintained.  We are not responsible for the content or privacy practices associated with linked websites.

Data protection

If you are required to submit personal data directly to Food is Cool, we will only use such data for administration and monitoring purposes and will not share your data with third parties unless legally required to do so.

You must keep your social media login and password details safe and not share those details, let anyone else access your social media account or do anything that might jeopardise the security of your social media account.

Limitation of liability

We are not liable for any loss or damage, however caused (including, but not limited to, by our 

Indemnity

You agree to indemnify us for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of Social Media, any information that you provide to us via Social Media or any damage that you may cause to our Social Media.  This indemnification includes, without limitation, liability relating to intellectual property infringement (including copyright and trade mark infringement), defamation, breaches of privacy and breaches of the Competition and Consumer Act 2010 (Cth).

Governing law

These Terms and Conditions are governed by and shall be construed in accordance with, the laws of New South Wales, Australia.  In relation to any such dispute, you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.