Welcome to our website!
In these terms and conditions (Terms), “we” “us” and “our” refers to Better Eating Better Health Pty Ltd (ACN 105 798 749) trading as Mudcake Media of PO Box 5025, KAHIBAH NSW 2290, AUSTRALIA and any related service or tool and “you” or “your” refers to the user or viewer of our website.
If you disagree with any part of these terms and conditions, please immediately stop browsing or using the Site. The content of the pages of the Site is for your general information and use only. The content of the Site, including these Terms, is subject to change without prior notice, from time to time. We will notify you of amendments to these Terms by posting them on the Site. If you do not agree with these Terms, please do not access the Site.
All prices displayed on our Site are provided in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current and we reserve the right to amend our prices at any time. If you have placed an order, we reserve the right to cancel your order should our prices change. Unauthorised use of the Site may give rise to a claim for damages and/or be a criminal offence.
- When you visit our Site and purchase our products, we give you a limited license to access and use our information for your business use only.
- You are permitted to download a copy of any purchased template or book product(s) to your computer for your internal business use only. Your use of our content in any other way infringes our intellectual property rights.
- Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on our Site without prior written permission.
- From time to time, our Site may include hyperlinks to other websites. Such links are provided for your convenience only and we take no responsibility for the content and maintenance of, or privacy compliance by any linked website. Any hyperlink on our Site to another website does not imply our endorsement, support or sponsorship of the operator of that website nor of the information and/or products which they provide.
- You may link our Site only with our consent. Any such linking will be entirely your responsibility, risk and expense. By linking, you must not alter any of our Site’s contents including any intellectual property notices any you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual Property Rights
- The copyright to all content on our Site including applets, graphics, images, layouts and text belongs to us or we have a license to use those materials.
- Generally, all trademarks, brands and logos which are used on our Site are either owned by us or we have a license to use them. Your access to our Site does not license you to use those marks in any commercial way without our prior written permission.
- All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website.
- This Site contains material which is owned by or licensed to us. This material includes, but is not limited to, information, training, templates, books, resources, designs, layout, look, appearance and graphics.
- When accessing our Sites you agree to comply with all applicable federal, state, and local laws including, without limitation copyright law. Except as expressly permitted in these Terms, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit our templates, training, books or other Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner. You acknowledge that you do not acquire any ownership rights by downloading or printing our website content, templates, training or books.
- Any comment, feedback, idea or suggestions (Comments) which you provide to us through our Site becomes our property. If in the future we use your Comments in promoting our Site or our services or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
- If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
Return and Refunds Policy
- All purchases of templates, books and training or other electronic media from this website are final. Due to the nature of digital products, there will be no refund provided after purchase. We do not accept returns. Once you purchase a digital product from this website and we make it available to you, you are responsible for downloading (if applicable) and confirming your ability to access the product, including retrieving the licence key for the digital product if applicable. You bear all risk of loss thereafter, including any loss due to a computer or hard drive malfunction. If you are unable to complete a download or access one of our digital products, please contact us for assistance at https://mudcakemedia.com/contact/
- The information contained in this Site is for general information purposes only. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, currency, reliability, suitability or availability with respect to the Site or the information, products, services, or related graphics contained on the Site for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
- Your use of any materials on this Site is entirely at your own risk for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through the Site are suitable for your specific requirements.
- In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this Site.
- To the extent permitted by law, any condition or warranty which would otherwise be implied into the Terms is excluded.
- We take all due care in ensuring our Site is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our Site or any linked website.
- From time to time we may host third party content on our Site such as advertisements and endorsements. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
Limitation of Liability
- To the full extent permitted by law, our liability for breach of any statutory warranty or guarantee that cannot be excluded by law relating to the Site or the provision of our services is limited to, at our discretion, the supply of the services or product again or payment of the costs of having those supplied again.
- We otherwise exclude all liability in relation to your use of our Site and our related products and services.
- You agree to indemnify and hold us (and our officers, agents, contractors and employees) harmless from any liability, claim, action, demand, costs including legal costs arising on a full indemnity basis and expenses arising out of or in connection with your use of our Site or our products except to the extent of our gross negligent acts.
- To the extent permitted by law, you release and discharge us from all liability or claim arising out of or in connection with your use of our Site or our products except to the extent of our gross negligent acts.
- These Terms are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these Terms will be heard in New South Wales and you agree to submit to the exclusive jurisdiction of those courts.
- If any provision in these Terms is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these Terms and the remaining provisions will remain in full force and effect.
- We undertake to take all due care with any information which you may provide to us when accessing our Site. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to store such information in a secure manner.
These Terms and Conditions were last updated on 4 February 2020.