Terms and Conditions for The Doctor’s Health & Weight Tracker APP

Terms and Conditions for The Doctor’s Health & Weight Tracker APP

Welcome to The Doctor’s Health & Weight Tracker App. These Terms and Conditions of Use apply and govern your use of our mobile application called The Doctor’s Health & Weight Tracker App (the “App”). By using the App, you are agreeing to all the terms and conditions below.

The Food Dr Pty Ltd ABN 26 605 379 388 trading as The Doctor’s Kitchen Australia and any successor entity (referred to throughout as The Doctor’s Kitchen Australia,” “we” or “us”), offers a variety of content and services through the App (collectively, the “Services”).

Please feel free to contact us if you have any questions or suggestions.

1. Use of the Services and Your Account

1.1 Who can use the Services

You must be at least 18 years old to use the Services. No individual under the age of 18 may use the Services, provide any personal information to us, or otherwise submit personal information through the Services (e.g., a name, address, telephone number, or email address).

1.2 Your Account

You will need to create an account on the App to access the Services, and it's important that you keep your account accurate and up-to-date (particularly your email address - if you ever forget your password, a working email address is often the only way for us to help you log back in).

When you create an account for any of our Services on the App, you must provide us with accurate and complete information as prompted by the account creation and registration process, and keep that information up to date. Otherwise, some of our Services may not operate correctly, and we may not be able to contact you with important notices.

You are responsible for maintaining the confidentiality of any and all actions that take place while using your account, and must notify us right away of any actual or suspected loss, theft, or unauthorised use of your account or account password. We are not responsible for any loss that results from unauthorised use of your username and password.

You have the right to delete your account with us by contacting us. If you choose to permanently delete your account, the non-public personal information that we have associated with your account will also be deleted.

1.3 Service Updates

Our Services are constantly evolving. With the launch of new services and features, we need the flexibility to make changes, impose limits, and occasionally suspend or terminate certain Services. We may also update our Services, which might not work properly if you don't install the updates.

The Services change frequently, and their form and functionality may change without prior notice to you.

We may provide updates (including automatic updates) for certain Services as and when we see fit. This may include upgrades, modifications, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Certain portions of our Services may not properly operate if you do not install all Updates. You acknowledge and agree that the Services may not work properly if you do not allow such Updates and you expressly consent to automatic Updates. Further, you agree that the Terms (and any additional modifications of the same) will apply to any and all Updates to the Services. We may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content. In addition, we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of any Service. We may also impose limits on certain Services or restrict your access to part or all of the Services without notice or liability.

1.4 Service Monitoring and Suspension

We reserve the right to refuse to provide the Services to anyone, and can monitor, terminate or suspend your account or access to the Services at any time.

We reserve the right, but have no obligation, to monitor any accounts and/or activities conducted through or in any way related to the Services (including inviting a fellow user into a community or group), as well as any user’s use of or access to personal information, and profiles of other users.

We may also deactivate, terminate or suspend your account or access to certain Services at any time: (1) if we, in our sole discretion, determine you are or have been in violation of these Terms, (2) if we, in our sole discretion, determine you have created risk or possible legal exposure for The Doctor’s Kitchen Australia, the general public, any third party, or any user of our Services, (3) in response to requests by law enforcement or other government agencies, (4) upon discontinuation or material modification of any Services, or (5) due to unexpected technical issues or problems. We will endeavour to notify you by email or the next time you attempt to access your account after any such deactivation, termination or suspension.

2. Ownership and Use of Content

2.1  Definitions

Content is what shows up in the App when you use our Services. User-Generated Content is any Content that is created by you or other users, and The Doctor’s Kitchen Australia Content is all other Content.

For purposes of these Terms, (i) “Content” means any form of information, data or creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, tools, text, ideas, communications, replies, “likes,” comments, software, scripts, executable files, graphics, geo-data, workouts and workout data, biometric data and data elements derived therefrom, meal, or fitness training plans, annotations, nutrition information, recipes, interactive features, designs, copyrights, trademarks, service marks, branding, logos, and other similar assets, patents, sounds, applications and any intellectual property therein, any of which may be generated, provided, or otherwise made accessible on or through the Services; (ii) “User-Generated Content” means any Content that a user submits, transfers, or otherwise provides to or through the use of the Services; and (iii) The Doctor’s Kitchen Australia Content means all Content that is not User-Generated Content.

2.2 Ownership

You own the Content that you create, and we own the Content that we create.

All The Doctor’s Kitchen Australia Content and all copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the Services belong to The Doctor’s Kitchen Australia. Each user retains ownership, responsibility for, and/or other applicable rights in the User-Generated Content that he/she creates, but grants a license of that User Generated Content to The Doctor’s Kitchen Australia as explained below. The Doctor’s Kitchen Australia retains ownership, responsibility for and/or other applicable rights in all The Doctor’s Kitchen Australia Content. Except as expressly provided in the Terms, nothing grants you a right or license to use any The Doctor’s Kitchen Australia Content. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Services unless specifically authorised in writing by us.

When you post Content in connection with the Services, it belongs to you - however, you're giving us permission to use that Content in connection with our Services.

When you provide User-Generated Content to The Doctor’s Kitchen Australia through the Services, you grant us a non-exclusive, irrevocable, royalty-free, worldwide right and license to use, host, store, cache (including, without limitation, in order to conform to the requirements of any networks, devices, services, or media through which the Services are available) such User-Generated Content in connection with any and all Services. You acknowledge and agree that you are not entitled to any compensation or other payment from us in connection with the use of your User-Generated Content.

The rights you grant in this license are for the limited purposes of allowing The Doctor’s Kitchen Australia to operate, improve the Services, expand the Services, make the Services more accessible and develop new Services.

Notwithstanding the above, we will only use your User-Generated Content in a manner that is consistent with our Privacy Policy.

2.3. Measurement Guidance

It's important to us that users stay healthy while achieving their fitness and wellness goals. We provide our Services for information purposes only, and can't be held liable if you suffer an injury or experience a health condition.

The information graphs contained in the App (which rely on you entering in your data from the body composition scales) are based on the Tanita Healthy Range Chart This Healthy Range Chart has been obtained from Tanita Australia in conjunction with the use of the Tanita BC545N body composition scales. The biometric data and graphs on our App are to be used as a guide and information purposes only. You should consult your physician and or health professionals in relation to any specific results or outcomes that you seek to achieve. 

2.4 Safety First

The Doctor’s Kitchen Australia cares about your safety. You should consult with your healthcare provider(s) and consider the associated risks before using our Services in connection with any wellness or any dietary program (“Programs”). By using our Services, you agree, represent and warrant that you have received consent from your physician to participate in the Programs, or any of the related activities made available to you in connection with the Services. Further, you agree, represent and warrant that you have consulted with your physician before making any dietary changes based upon information available through the Services. Everyone’s condition and abilities are different, and participating in the Programs and other activities promoted by our Services is at your own risk. If you choose to participate in the Programs and these activities, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities.

Except as otherwise set out in these Terms, and to the maximum extent permitted by applicable law, we are not responsible or liable, either directly or indirectly, for any injury, illness, or damages sustained from your use of, or inability to use, any Services or features of the Services, including any Content or activities you access or learn about through our Services even if caused in whole or part by the action, inaction or negligence of The Doctor’s Kitchen Australia.

3. Accuracy and Reliance on Content

We make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any Content available through the Services, and we make no commitment to update such Content. 

3.1 Not Medical Advice

Any and all information provided by, in and/or through the Services (including but not limited to Content) are for informational purposes only. The Doctor’s Kitchen Australia is not a medical professional, and The Doctor’s Kitchen Australia does not provide medical services or render medical advice. Nothing contained in the Services should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment, and the information made available on or through the Services should not be relied upon when making medical decisions, or to diagnose or treat a health condition or illness. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND THE DOCTOR’S KITCHEN AUSTRALIA.

You should seek the advice of a physician or a medical professional with any questions you may have regarding your health before beginning any dietary programs or plans, exercise regimen or any other fitness or wellness activities or plans that may be referenced, discussed or offered under the Services. If you are being treated for a health condition or illness, taking prescription medication or following a therapeutic diet to treat a disease, you should consult with your physician before using the Services. You represent to us (which representation shall be deemed to be made each time you use the Services), that you are not using the Services or participating in any of the activities offered by the Services for purpose of seeking medical attention. You further agree that, before using the Services, you will consult your physician, particularly if you are at risk for problems resulting from exercise or changes in your diet. If any information you receive or obtain from using the Services is inconsistent with the medical advice from your physician, you should follow the advice of your physician.

3.2 Accuracy

The Services are intended to provide you with information only to encourage you to support your wellness and fitness activities. Some of the Services are aimed at tracking your body composition (“Body Composition Services”). These Body Composition Services rely on you inputting the data from the body composition scales that assess your body at rest. The data and information provided by the Body Composition Services are intended to be a representation of your body composition, but may not be completely accurate, including with respect to body fat, visceral fat, basal metabolic rate (BMR), BMI, muscle mass, biological age, weight, or calorie data. By using Body Composition Services, you acknowledge and agree that The Doctor’s Kitchen Australia is not responsible or liable for any inaccuracy in such data.

4. Modifications to the Terms

As the Services grow and improve, we might have to make changes to these Terms.

4.1 Updates to these Terms

We reserve the right to modify these Terms by (i) posting revised Terms on and/or through the Services, and/or (ii) providing advance notice to you of material changes to the Terms, generally via email where practicable, and otherwise through the Services (such as through a notification in the App). Modifications will not apply retroactively unless required by law.

We may sometimes ask you to review and to explicitly agree to or reject a revised version of the Terms. In such cases, modifications will be effective at the time of your agreement to the modified version of the Terms. If you do not agree at that time, you are not permitted to use the Services. In cases where we do not ask for your explicit agreement to a modified version of the Terms, the modified version of the Terms will become effective as of the date specified in the Terms. Your choice to maintain an account, access or use the Services (regardless of whether you create an account with us) following that date constitutes your acceptance of the terms and conditions of the Terms as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, the Services.

5. Limitation of Liability

We are building the best Services we can for you but we can't promise they will be perfect. We're not liable for various things that could go wrong as a result of your use of the Services. 

To the maximum extent permitted by applicable law, under no circumstances (including, without limitation, negligence) shall The Doctor’s Kitchen Australia, be liable to you or any third party for (a) any indirect, incidental, special, reliance, exemplary, punitive, or consequential damages of any kind whatsoever; (b) loss of profits, revenue, data, use, goodwill, or other intangible losses; (c) damages relating to your access to, use of, or inability to access or use the Services; (d) damages relating to any conduct or Content of any third party of the Services, including without limitation, defamatory, offensive or illegal conduct or content. To the maximum extent permitted by applicable law, this limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not The Doctor’s Kitchen Australia has been informed of the possibility of such damage, and further where a remedy set forth herein is found to have failed its essential purpose.

In particular, to the extent permitted by applicable law, we are not liable for any claims arising out of (a) your use of the Services, (b) the use, disclosure, display, or maintenance of a user’s personal information, (c) any other interactions with us or any other users of the Services or (d) other Content, information, services or goods received through or advertised on the Services or received through any links provided with the Services.

6. Governing Law

These terms shall be governed by and construed in accordance with the laws of Queensland, Australia.

7. Contact Us

If you have any feedback, questions or comments about the Services, please contact us on info@thedoctorskitchen.com.au and include the subject as “Attention – The Doctor’s Kitchen Australia App Terms and Conditions of Use”. Please be sure to include any email and your full name.