IMPORTANT: PLEASE READ CAREFULLY. This is a legal agreement between you and Monash University (ABN 12 377 614 012) of Wellington Road, Clayton, Victoria, 3800, Australia regarding use of the MONASH FODMAP CALCULATOR website (at https://monashfodmapcalculator.com.au/researchers) ("Website") and the FODMAP CALCULATOR software, data accessible through that software or generated by that software, and associated documentation (together the "Application").
In this agreement, "you" and "your" means any person who has registered an account for FODMAP CALCULATOR on the Website or through the Application ("Account"). To register an Account, you must be 18 years or over. However, if you are under 18 years of age or the age of majority in your jurisdiction, whichever is older, you must make sure that your parent or legal guardian reads and agrees to this agreement and references to "you" or "your" in this agreement include your parent or legal guardian.
BY REGISTERING FOR AN ACCOUNT OR USING THE APPLICATION, YOU WILL BE ASSUMED TO HAVE ACCEPTED THESE TERMS. IF YOU DO NOT WISH TO ACCEPT THESE TERMS YOU MUST NOT MUST NOT USE THE APPLICATION.
- Licence. Subject to your compliance with the terms of this agreement, Monash University grants you a royalty free, non-exclusive, non-transferrable, limited licence to use the Application through the Website for the purposes of non-commercial research. You must not use the Application for any other purpose, or do any of the following:
use the Application in a manner contrary to any documentation or instructions published by Monash University on the Website from time to time;
copy, distribute, sell, rent or modify the Application;
reverse engineer, decompile, disassemble or otherwise derive or attempt to derive the source code of the Application (except to the extent permitted by non-excludable applicable law), or tamper with the Application in a way that disables, circumvents, or otherwise defeats any protection mechanisms within the Application;
operate the Application for the benefit of, or sublicense the Application to, any other person, whether as an online service, outsourced service, comparison service or otherwise;
remove, alter or add to any trade mark or copyright notice or similar marking within the Application; or
extract any data from any of the databases used by or forming part of the Application, or resell or distribute that data in any way.
- Content. The information and material displayed through the Website or the Application is provided for general informational purposes only. While care has been taken in creating the Website and the Application, Monash University does not warrant or represent that any information or material displayed through the Website or the Application is accurate, complete, up to date or suitable for any purpose. FODMAP results for recipes are an estimate only based on individual ingredients and serving sizes. YOU ARE RESPONSIBLE FOR EXERCISING INDEPENDENT professional JUDGMENT IN RELATION TO any RESULTS GENERATED THROUGH THE USE OF THE APPLICATION.
- Data guidelines. You acknowledge and agree that the results the Application is able to generate are dependent on the data that you provide, and that data must be provided in accordance with guidelines published by Monash University on the Website from time to time. Monash University reserves the right to seek clarification of any data provided by you for these purposes, to ensure that those guidelines are met, before generating any results through the Application.
- FODMAP Calculator results. You acknowledge and agree that data generated through your use of the Application will be made available to you by way of a file that can be downloaded from the Website through the use of your Account. Monash University will notify you (using the information you have provided as part of the Account registration process) once data is ready for download. Monash University reserves the right to delete that data once 30 days have elapsed since it was first made available for download.
- Use of FODMAP Calculator results. All data generated through the use of the Application (including FODMAP results) remains the property of Monash University and is licensed to you as part of the Application, and subject to the same restrictions on use as the Application itself. In particular, you must not make any claim about the FODMAP content of particular foods or recipes, publish or distribute any results generated through the Application under or by reference to the words MONASH UNIVERSITY or FODMAP CALCULATOR, without the prior written consent of Monash University.
- Fees. You will pay Monash University fees for your use of the Application calculated in accordance, and at the frequencies stated in, the fee schedule published on the Website from time to time ("Fees"). Unless otherwise stated in fee schedule, Fees will be payable within 30 days of the date on which you receive an invoice from Monash University and must be paid prior to receiving the FODMAP Calculator results.
- Account information. You warrant that all information supplied to us as part of your registration for an Account is true and correct. You acknowledge that Monash University may take such steps as it is able to take to verify the information provided before deciding whether to grant your application. If Monash University considers (in its sole discretion) that any of that information is untrue, Monash University reserves the right to cancel your account and terminate your access to the Application. You indemnify Monash University from and against any and all liability arising from its use of or reliance upon the information contained in your application for an Account, or supplied by you as part of your Account.
- Your Privacy. You agree that Monash University may collect and deal with personal information about you or others in accordance with the Monash University Privacy Collection Statement, which can be found at http://www.monash.edu/privacy-monash/Home. You warrant that you have obtained the consent of any person whose personal information is collected and uploaded through the Application. For any person who is under 15 years of age, if you are not their parent or legal guardian, you warrant that you have obtained the consent of their parent or legal guardian to that person's personal information being uploaded through the Application.
- Security. You may select or be allocated codes or other information (such as a username and password) to log in to Monash University's computer systems as part of your Account ("Log In Details"). You must keep your Log In Details secure and confidential. If you believe that your Log In Details have been compromised, you must tell Monash University immediately or change them on the Website through the facilities provided. Monash University is entitled to assume that any person gaining access to the Application or any part of the Website or Monash University's computer systems using your Log In Details is you, and you will be responsible for what that person does while using your Log In Details, unless you have given Monash University reasonable prior notice that your Log In Details have been compromised and new details have not yet been allocated to or selected by you. You must make sure that your computer systems are protected by up to date anti-virus software and take all reasonable steps to prevent any malicious software (such as "viruses", "worms", "cancelbots", "trojan horses", "phishers", "bombs", "trapdoors", "spyware" or other software, data or routines designed to disrupt or provide unauthorised access to systems or data) from being uploaded to Monash University's systems.
- Limits on service. This agreement does not require Monash University to implement or install the Application for you or to provide any maintenance or other services in respect of the Website or the Application. Monash University reserves the right at any time to change, remove or discontinue any feature or function of the Website or the Application, or all or any part of the Website or the Application, either temporarily or permanently, with or without notice to you. From time to time Monash University may issue updates which add, modify and/or remove features from the Website or the Application. These updates may be applied automatically with or without notice to you. The terms of this agreement will govern any updates provided by Monash University, unless the update is accompanied by separate terms and conditions in which case those terms and conditions will apply.
- Responsibility for Telecommunications. You acknowledge that the Application requires an active connection to the internet or a mobile telecommunications network to operate fully, and will cause the device through which you gain access to the Application to transmit and receive data. You agree that:
Monash University is not responsible for providing you or any person using your Account with any telecommunications service, and the relevant telecommunications service provider is responsible for any issues associated with that service; and
you must comply with the terms of any agreement with the relevant telecommunications provider when using the Application and are responsible for all data and other charges payable to any telecommunications service provider in connection with the use of the Website or the Application through your Account.
- Intellectual Property. The names, icons, words, titles, phrases, logos, trade marks or service marks, graphics or designs and other content (together, the "Intellectual Property") displayed through the Website and the Application are Monash University’s property or the property of other parties and may be registered or unregistered trade marks and/or protected by intellectual property laws. Nothing contained in this agreement or the Website or the Application should be taken as a right to use any Intellectual Property without Monash University’s written permission or the permission of the relevant third party. Monash University reserves the right to enforce its intellectual property rights through civil proceedings.
- Third party websites. The Website or the Application may cause the device through which you gain access to the Application to display URLs or links to websites not controlled by Monash University. Those URLs or links are provided for convenience only and may not be current. Providing a URL or link should not be construed as an endorsement or approval of the third party website by Monash University, and Monash University is not responsible for the content of third party websites.
- Disclaimers and liability of Monash University. Monash University does not warrant nor represent that use or possession of the Application will not infringe the rights of third parties, or that the Website or the Application WILL MEET YOUR REQUIREMENTS OR THAT WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR BE COMPATIBLE OR INTEGRATE WITH YOUR COMPUTER SYSTEMS. All warranties which would otherwise be implied into this agreement are excluded as far as permitted by law. If any legislation implies or applies in this agreement any condition, warranty or guarantee, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under the condition, warranty or guarantee, the condition, warranty or guarantee is deemed to be included in this agreement. However, to the extent permitted by law, Monash University's liability for failure to comply with any such condition, warranty or guarantee is limited (at Monash University's option, and as determined by it) to:
in the case of goods - to the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods required (as determined by Monash University); and
in the case of services - to the supplying of the services again or the payment of the cost of having the services supplied again (as determined by Monash University).
Except as specified in this clause 14, to the extent permitted by law, under no circumstances will Monash University be liable to you or any PERSON USING YOUR ACCOUNT for any loss, damages, claims or costs whatsoever (whether direct, indirect, consequential, incidental, special, punitive or otherwise) arising under or in connection with this agreement or any use of the Website or the Application by you or any PERSON USOING YOUR ACCOUNT, regardless of how they arise.
- Termination. If you fail to comply with any term of this agreement, Monash University may terminate this agreement, your Account and your right to use the Application, by notice to you. Termination of this agreement will not affect any rights or liabilities you or Monash University have accrued up to that time. Upon termination of this agreement you must stop using, uninstall and destroy all copies of the Application in your possession or control.
- General. You may not assign, transfer or otherwise deal with the rights under this agreement without the prior written consent of Monash University. This agreement will be governed by and construed in accordance with the laws in force in the State of Victoria, Australia, and each party submits to the non-exclusive jurisdiction of the courts of that State. If any term of this agreement is held unenforceable or illegal for any reason, the agreement will remain otherwise in full force apart from that provision.
Questions, complaints or feedback about the Website or the Application should be directed to: fodmapcalculator@monash.edu