TERMS & CONDITIONS

Last modified: 27 February 2015

The Storehouse is a blog directory aggregating content from nutrition professionals with established credentials. These Terms of Use apply to all users of the Storehouse, including our Readers, and all Bloggers who contribute the content found on the Storehouse.

These Terms of Use are a legally binding agreement with Scoop Nutrition, incorporating our Privacy Policy, and explain your rights and obligations when accessing or using the Storehouse. Please review these terms carefully, as they contain terms that may limit or exclude your legal rights.

  1. Acceptance of terms

    • Scoop Nutrition is a registered trading name of Emma Stirling.
    • By accessing this website (the Storehouse), or by using any of our services, you are entering a legally binding agreement with Scoop Nutrition and its Associates on the following terms. These Terms of Use expressly incorporate our Privacy Policy. You warrant that you have full legal capacity to enter into this agreement.
    • Some content and functionality is only available to Bloggers who sign-up and create an account on the Storehouse. Please review and ensure you understand the warranties and representations made under clauses 5, 6 and 8 before proceeding to create your account.
  1. Defined Terms

  • Storehouse means the website at http://storehouse.scoopnutrition.com, and includes any associated software, content and services.
  • Scoop Nutrition’s Associates, or Associates means the associated entities responsible for the funding, support and operation of the Storehouse, expressly including Horticulture Australia Limited ABN 19 095 566 108 trading as “Nuts For Life”, and Bite Communications Pty Ltd ABN 39 142 971 426
  • Reader means anyone accessing the Storehouse who has not created an account as a Blogger, including access by technical means such as RSS readers or the operation of bots.
  • Aggregated Blog Post means an article republished on the Storehouse from a Blog.
  • Blog in these terms means the blog specified by the Blogger, and may be any platform where a Blogger has an audience that may be aggregated and republished on the Storehouse by technical means, such as a website, blog, Instagram account, or any other relevant platform.
  • Blogger means a registered user of the Storehouse, who may be Qualified or a Student.
  • Qualified Blogger means a Blogger who is a qualified nutrition professional, accredited by the industry body relevant to their specialisation (e.g. the Dietitians Association of Australia and Nutrition Society of Australia).
  • Student Blogger means a Blogger currently undertaking a Dietitians Association of Australia accredited dietetics course.
  • Liability means any loss, damage, liability (whether actual or prospective), cost and expense of any description, including legal fees on a solicitor and own client basis, arising from any action, inaction, claim or legal action however construed (expressly including negligence).
  1. Casual Users (‘Readers’)

  • Scoop Nutrition aims to aggregate only quality content, however we rely heavily upon the integrity and professional standards of our Bloggers. Scoop Nutrition and its Associates do not moderate, pre-approve, or endorse any specific post, comment, or Blogger.
  • If you choose to use or rely upon any information aggregated on the Storehouse, you do so at your own risk. Information on the Storehouse is no substitute for professional individual dietetic and medical advice.
  • Some diets, exercises, or other activities discussed on the Storehouse may have an inherent risk of injury, or may not be suitable for people with specific medical conditions such as allergies or intolerances. Please do not undertake any such activities without appropriate supervision and independent professional advice. Should you choose to act upon such information, you do so at your own risk.
  • Scoop Nutrition and its Associates do not make any representation or warranty that information provided on the Storehouse is complete, accurate, current, or relevant to your circumstances.
  • All content and information republished on the Storehouse is provided on an “as is” basis. To the maximum extent permitted by law, Scoop Nutrition and its Associates disclaim all representations and warranties, express or implied, with respect to such content and information, whether provided by Scoop Nutrition, its Associates, Bloggers or other users.
  • Nothing on the Storehouse is intended as formal medical, nutritional or fitness advice, and should not be used to diagnose, prevent, treat or cure any medical, dietary or physiological issue or injury. Please seek independent medical, nutritional or fitness advice (as applicable) from a qualified professional before relying upon any information on this Storehouse.
  1. General Prohibited Activities and Platform Limitations

  • Subject to these Terms of Use, You must not use the Storehouse or any information published on it to:
    • defame, abuse, harass, stalk, threaten or otherwise cause offence to any person;
    • communicate, publish or distribute any material that is unlawful, obscene, indecent, inappropriate, offensive or defamatory;
    • spam or send any unsolicited communication to any person;
    • scrape, index, copy or republish any content on the Storehouse;
    • distribute any content in violation of any third party intellectual property rights;
    • distribute or link to any malware, virus or computer program with the effect of disrupting or damaging any system, or bypassing any security measure;
    • breach any publicity, privacy or other civil right of any third party; or
    • breach any applicable law or regulation.
  • You must not create, use or distribute any device or software that interacts with the Storehouse without our prior written permission, other than ordinary browsers, social media platforms and RSS feed tools using established public protocols.
  • Scoop Nutrition and its Associates do not warrant that the Storehouse will be uninterrupted, error free, lag free or fit for any specific purpose.
  • You are solely responsible for defects in your device, data, software, equipment or network.
  • Scoop Nutrition and its Associates are not responsible for any defects, delays or interruptions to the caused by the impact, delay, action or inaction of any third party or force majeure event.
  1. Bloggers

  • By clicking “I ACCEPT” and proceeding to apply for registration as a Blogger, you are authorising Scoop Nutrition to republish posts from your Blog on the Storehouse as an Aggregated Blog Post. To avoid doubt, clauses 3 and 4 also apply to registered Bloggers.
  • Scoop Nutrition will assess your application to register as a Blogger, and may accept or reject your application at our absolute discretion. If your application is successful, we will notify you at your nominated email address.
  • You are responsible for ensuring all registration information provided is complete, accurate, and up-to-date.
  • You are responsible for maintaining the confidentiality, security and integrity of your authentication details, and must not disclose them to any other person.
  • By creating an account and registering as a Blogger on the Storehouse, you represent, warrant and undertake that:
    • You have accurately represented your status as a qualified nutrition professional (for Qualified Bloggers), or as a student studying a Dietitians Association of Australia accredited dietetics course (for Student Bloggers);
    • You will at all times abide by the Code of Professional Conduct and/or Code of Ethics specified by your relevant professional association being the Dietitians Association of Australia or the Nutrition Society of Australia;
    • Scoop Nutrition is permitted to republishing any content from your Blog without infringing any third party intellectual property rights – if your blog posts are not your original work, make sure the owner has given you the right to publish it, and the right to allow us to republish it.
  • Scoop Nutrition reserves the right to audit all Bloggers to verify your identity, qualifications, content of your Blog, cited sources, and any other matter we deem relevant in assessing the suitability of you and your content for aggregation on the Storehouse.
  • If registering as a Student Blogger, Scoop Nutrition may require you to seek the mentorship of an Accredited Practising Dietitian (APD), having appropriate supervision and oversight of content you publish on your Blog that may be republished on the Storehouse.
  • Scoop Nutrition reserves the right to suspend or close your account at any time for any reason. You may also close your account at any time through the admin panel. Please note that closure of your account does not affect the warranties and representations made, or rights granted in connection with any previously published Aggregated Blog Post.
  1. Aggregated Blog Posts

  • Scoop Nutrition and its Associates do not moderate or pre-approve any Aggregated Blog Posts. We are not liable for errors or omissions in any Blog or Aggregated Blog Post.
  • Scoop Nutrition does not represent that any or all posts on your Blog, or any particular post will be an Aggregated Blog Post republished on the Storehouse, and we reserve the right to edit or delete any material that we consider inappropriate.
  • Scoop Nutrition and its Associates do not warrant or represent that your Blog or any specific Aggregated Blog Posts will receive any particular reach, page impressions or any other exposure metric.
  • By registering as a Blogger, you grant Scoop Nutrition and its Associates a perpetual, irrevocable, royalty-free, non-exclusive, worldwide licence to use, sub-license, adapt, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, or edit any content from your Blog in connection with the Storehouse and the ordinary business activities of Scoop Nutrition and its Associates.
  • Bloggers warrant and represent that:
    • you own, or otherwise have full legal right to all intellectual property in content on your Blog sufficient to grant the intellectual property licence in clause 6.4 above;
    • you have obtained consent from any person pictured in the content (including consent from parents or guardians for any person under the age of 18), and that publishing their likeness on the Storehouse does not breach any third party rights;
    • content on your Blog is not defamatory, confidential, does not infringe any third party intellectual property rights, or otherwise breach these Terms of Use.
  1. Intellectual Property

  • Scoop Nutrition retains ownership of all intellectual property rights in the Storehouse, including any modifications and enhancements to the website. Bloggers retain ownership of their Blog, brand, trade marks, and any associated intellectual property rights. Ownership rights are not transferred or assigned under these Terms of Use.
  • The material on the Storehouse is protected under Australian and international copyright and other laws governing protection of intellectual property rights. Intellectual property rights in images, trade marks and other content on the Storehouse are owned by their respective owners. You must not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, create derivative works from, adapt, or edit such materials without prior written consent from Scoop Nutrition.
  • You may make a copy (either electronically or in hard copy) of material on the Storehouse website for your non-commercial personal use.
  • You may post links to article pages on social media or other websites, but note that all information on this site is intended of a general nature. You are responsible for representations you make about content on the content on the Storehouse.
  • You must not deep-link to images or embed pages within your own frames or site. Please contact us if you wish to re-post articles or images from the Storehouse or any other Scoop Nutrition website on another site, as some most materials are subject to third party licences.
  1. Limitation of Liability

  • Scoop Nutrition and its Associates only accept Liability to you as set out in this clause, or as required by consumer or other laws that cannot be excluded by contract. All other implied conditions or warranties are excluded. To the fullest extent allowable at law, any condition or warranty which would otherwise be implied in these Terms of Use are excluded.
  • Any provisions in these Terms of Use that limit or exclude Liability of a party extends to include that party’s employees, directors, sub-contractors and representatives and Associates.
  • To the fullest extent allowable at law, Scoop Nutrition and its Associates disclaim any Liability arising in connection with your use or reliance of any content on the Storehouse. This limitation expressly extends to any loss, damage or personal injury caused directly or indirectly by your use or reliance on any information on the Storehouse where we have been advised or ought to know of the possibility of such damage or injury.
  • To the fullest extent allowable at law, you release Scoop Nutrition and its Associates and hold us harmless from any Liability arising in connection with:
    • any indirect, special or consequential loss however arising;
    • any claim of personal injury or negligence however arising;
      • any aspect of the Storehouse (including downtime, loss or corruption of data);
    • our actions taken in accordance with our obligations at law or any order issued by a court of law or relevant government authority, including disclosing data; or
    • any act, default, omission, or representation made by any third party.
  • To the fullest extent allowable at law, you release and hold harmless, indemnify and defend Scoop Nutrition and its Associates from any Liability arising in connection with:
    • your breach of these Terms of Use, including any warranty or representation made;
    • any content from your Blog, including any adaptation in an Aggregated Blog Post; or
    • the action of anyone using our website or platform with your authentication details, whether they do so with or without your authorisation or knowledge.
  • Scoop Nutrition and its Associates reserve the right to assume, at our expense, the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you must cooperate with us in asserting any available defences.
  1. Links To Third Party Websites

  • The Storehouse and Aggregated Blog Posts may include links or references to third party websites. Scoop Nutrition and its Associates do not control or endorse such websites, and are not responsible or liable for the accuracy, legality, or any other aspect of the content of such websites or for any damage or injury arising in connection with your access to such websites.
  1. Dispute Resolution

  • You agree that in case of a dispute or claim, you will first attempt to informally negotiate a settlement or resolution of the dispute by contacting storehousescoop@gmail.com and informing us in a comprehensive way of the grounds of your dispute before resorting to any legal action.
  1. Reporting Misconduct and Abuse

  • If you wish to report any breach of these Terms of Use, or any issue in connection with the Storehouse or any Blogger Account, please contact: storehousescoop@gmail.com. We will investigate all reported disputes, and may take any action we consider appropriate.
  1. Variations to these Terms of Use

  • Scoop Nutrition and its Associates may vary these Terms of Use at our discretion, providing reasonable notice on our website, or by emailing our Bloggers, as we deem appropriate.
  1. General Provisions

  • Severability: If any of these terms are held to be illegal, invalid or unenforceable by a court of law, that part will be excluded, and the remaining terms will remain in full force.
  • Jurisdiction: The laws of the State of Victoria, Australia apply to these Terms of Use and the parties submit exclusively to the courts of that jurisdiction in relation to its subject matter.
  • Legal Fees: In the event that Scoop Nutrition or its Associates obtain the legal assistance to enforce these Terms of Use for your actual or apparent breach of these terms, all legal fees (on a solicitor own client basis) incurred in enforcing these Terms of Use may be recovered from you as liquidated damages.
  • Entire Agreement: These Terms of Use comprise the entire agreement between the parties and supersede all previous negotiations or agreements in relation to your use and access to the Storehouse, and any the republication of any part of your Blog.
  • Relationship between the Parties: Nothing in this agreement constitutes a partnership, relationship of agency or contract of employment. It is the express intention of the parties to deny any such relationship.

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