Terms of Use

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Last updated: 09/11/2021

Welcome to the Australian Eating Survey® (the AES). These Terms and Conditions govern your access to and use of the Australian Eating Survey® website, survey, survey feedback and exported data (the Service).

The Australian Eating Survey initially comprised a Survey relating to dietary intake and recommendations regarding healthy nutrition. The Australian Eating Survey has now expanded to Australian Eating Survey (Heart) which is a Survey tailored to improving heart health and how diet can influence heart health and heart disease. The Australian Eating Survey may develop other Surveys in future which branch out to other topics, such as the relationship between diet and other health conditions. These Terms and Conditions and the Privacy Statement apply to all Australian Eating Surveys.

Important notice: The Australian Eating Survey® will provide feedback on how your eating habits align with recommendations contained in the Australian Dietary Guidelines. While the Survey has been developed by extensive research that has been subject to academic peer review, it is not intended to be, and should not be relied on as a diagnosis or treatment advice for specific medical conditions. In particular, any feedback generated by your use of the Service will not take into account any pre-existing medical conditions or other individual circumstances (such as use of vitamin and/or mineral supplements or any food allergies). As a result, any assessment generated by the Service may not be a complete representation of your individual circumstances. You acknowledge that the Service is not a substitute or replacement for the independent advice of a qualified healthcare professional.

Access to and use of the Service indicates your acceptance of all these Terms and Conditions. Do not access or use the Service if you do not accept all these Terms and Conditions. The Privacy Statement also forms part of these Terms and Conditions. Any personal information you supply will be dealt with by the University in accordance with its Privacy Management Plan, and by accepting these Terms and Conditions you consent to such use.

The Service is provided by the University of Newcastle ABN 15 736 576 735 (the University, we , our or us).

We may from time to time amend, update, or change the Service or these Terms and Conditions (including the Privacy Statement), without prior notice. Your continued access or use of the Service will indicate that you accept and consent to the revised Service or revised Terms and Conditions (including the revised Privacy Statement).

1. ACCESS TO AND USE OF THIS SERVICE

  • The Service includes access to the Australian Eating Survey®, which is comprised of several food frequency questionnaires (the “Survey”). Participation in the Survey is voluntary.
  • Unless stated otherwise on the Australian Eating Survey website, the Service is intended for users who are 18 years of age or older, or by a parent or legal guardian of a person aged 2 to 17 and who accepts these Terms and Conditions both as parent or legal guardian and on the behalf of the child (except that the Australian Eating Survey (Heart) is only intended for users who are 18 years of age or older).
  • Where you are a researcher, healthcare professional or otherwise and have purchased the right for third parties to complete the Survey, you must also obtain their consent to these Terms and Conditions. Evidence of such consent must be supplied to us on request.
  • We reserve the right to deny you access to, or use of, all or part of the Service, without prior notice, for any reason in our sole discretion without any liability to you. This includes but is not limited to if you engage in any conduct that we believe, in our sole discretion: (i) violates any term or provision of these Terms and Conditions; (ii) violates our rights or those of third parties; or (iii) is otherwise inappropriate for continued access and use of the Service.

2. GENERAL DISCLAIMER

  • You agree to provide true, accurate, current and complete information about yourself as prompted by the Survey (the Survey Data). The Survey Data will then be assessed and a report issued containing an assessment of your habitual dietary intake, in comparison with the Australian Dietary Guidelines and the Nutrient Reference Values (the Survey Feedback). You acknowledge that you are solely responsible for the deficiency or inaccuracy of the Survey Feedback if you provide Survey Data that is untrue, inaccurate, not current or incomplete. The Survey may not take all of your individual circumstances into account. In particular, it does not account for any vitamin and/or mineral supplements that you have been or are taking, and only requests information about a selection of foods that are commonly consumed in Australia (so may not include all types of food you typically consume). In light of the foregoing, we do not make guarantees or warranties about the reliability, accuracy, completeness, suitability or quality, of any material on or accessible through the Service, including your Survey Feedback.
  • For researchers, dietitians and other clinicians: Upon request you will be provided with an export of data from the Service relating to your participants/patients (the Data Export). Use of the Data Export is detailed below. The University is not liable for the deficiency or inaccuracy of the Data Export if participants/patients provide Survey Data that is untrue, inaccurate, not current or incomplete. In light of the foregoing, we do not make guarantees or warranties about the reliability, accuracy, completeness, suitability or quality, of any material on or accessible through the Service, including the Data Export.
  • The information provided through the Service (including the Survey Feedback and Data Export) is general in nature, and the Service is not a substitute or replacement for the independent advice of a qualified healthcare professional.
  • Nothing contained in the Service is intended to be used as medical advice and the Service is not intended to be used for medical purposes.
  • You are encouraged to seek the advice of an appropriately qualified healthcare professional before and after using the Services.
  • If you suffer from a chronic disease or pre-existing health condition, you should consult a qualified healthcare professional before making any changes to your diet, exercise routine, or taking any medicines or nutritional supplements as a result of information received through the Service.
  • We disclaim all liability and responsibility arising from any reliance you place on the Service in making medical or clinical decisions or otherwise diagnosing, treating or managing a health condition.

3. USER INFORMATION & EMAIL COMMUNICATIONS

  • To use the Service, you may be required to register by providing certain identification and login information (including an email address), which will be dealt with in accordance with the Privacy Statement. By using the Services, you consent to receiving email communications from us regarding the Services, including for the purpose of communicating your Survey Feedback. You may also provide your consent to receive email communications from us, including email communications regarding other products and services offered by us. You can opt out of receiving email communications from us at any time by following the unsubscribe instructions contained in each email communication.
  • You are responsible for maintaining the confidentiality and security of any passwords and/or identification or login information for the Service. You agree to notify the University immediately of any unauthorised use of your password or any other breach of security. You are responsible for all activities that occur in connection with the use of your passwords, identification and login information for the Service.
  • You are solely responsible for any content or material/data that you post or upload on the Service, or that is posted by another person using your username, password or login details. The University excludes all liability (to the extent permitted by law) for any loss, damage, or expenses suffered by you or claims made against you arising from content or material/data which you post or upload on the Service, or which is posted by another person (whether using your username or password or otherwise).

4. FEES & PAYMENT

  • A one-time fee is payable for access to the Service. Unless a third party pays this fee on your behalf, you will need to supply a valid credit card or approved purchase order information. The University may require, and you agree that the fee will be paid by means of, credit card payments or other forms of electronic funds transfers. Payment services may be supplied by a third party and we take no responsibility in respect of such services. Your use of such services may be subject to acceptance of additional terms and conditions.
  • If you are paying by credit card, only valid credit cards acceptable to the University or its payment service providers may be used by you to make payment, and all authorised refunds will be credited to the same card. If the credit card cannot be verified, is invalid, is declined, or is not otherwise acceptable, or if the University does not receive payment, your access to the Service may be terminated, deferred, suspended, or cancelled by the University without notice at the University’s discretion and the University may generate invoices for payment.
  • All prices are given and must be paid in Australian dollars. Unless otherwise provided by law or in connection with any particular offer, all charges are non-refundable.
  • Unless otherwise stated, all fees are exclusive of all taxes, fees, levies, duties or similar charges, and you will be responsible for payment of all such taxes, fees, levies, duties or similar fees, excluding only taxes based solely on the University’s income.
  • No refund will be given if you fail to enter sufficient information in the Survey to enable the Survey Feedback to be generated. Where you are buying access to the Service for multiple third parties, registration codes may expire after 12 months and no refunds will be given for any unused registration code.

5. USER CONDUCT

You must not use the service to:

  • impersonate or otherwise misrepresent your identity or affiliation with any other person or entity;
  • post, disclose or transmit any material/data that is defamatory, obscene, abusive, offensive, intentionally false, misleading or deceptive, or which infringes our or any third party’s intellectual property or breaches any duty of confidence or contractual obligation owed to us or any third party;
  • seek to endorse commercial products or activities or to promote commercial products or services;
  • falsify or delete any attributions, legends, or other proprietary designations of origin or source of any content of the Service;
  • conduct, display, or forward surveys, contests, pyramid schemes, or chain letters;
  • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
  • attempt to gain unauthorised access to the Service or computer systems or networks connected to the Service through any means;
  • send junk, obscene, indecent, offensive or threatening electronic mail or “spam” to any person or company;
  • commit forgery (or attempted forgery), harass any individual, or harm minors in any way;
  • collect, store, post, disclose or transmit personal information or data about others, including email addresses; or
  • contravene or breach any applicable state, Commonwealth or international law, convention or regulation.

You will ensure that the information you provide when using the Service does not contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that may damage, adversely interfere with, intercept, or expropriate any system or data.

You agree that you will not use any device, software or computer programming routine to interfere or attempt to interfere with the proper working of the Service.

6. LINKS & ADVERTISING

  • This Service may contain links to third party websites. Those sites may not be under our control and we are not responsible for the content or the links contained in third party sites. We and our officers, employees, agents and related bodies corporate do not recommend or endorse the content of any third party sites which may be linked to or from the Service, or products or services of any third party organisations mentioned or described on this Service or linked to or from this Service. You acknowledge that you enter any third party websites at your own risk.
  • The Service may contain advertisements for third parties’ goods and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. We and our officers, employees, agents and related bodies corporate do not recommend or endorse the goods or services that may be advertised on the Service, nor do they offer the goods or services for sale or make any other representation whatsoever about them. If you choose to order a product or service advertised by a third party on the Service, you do so at your own risk.

7. DISCLAIMERS & LIMITATION OF LIABILITY

  • This Service is provided on an “as is” basis without any express or implied warranty of any kind.
  • The University makes no representations or warranties of any kind, express or implied, as to the site's operation or the information, content or materials/data included on the Service.
  • To the fullest extent permitted by law, the University hereby disclaims and excludes all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for any particular purpose.
  • The World Wide Web exists across open public networks that are neither secure nor private. No website encryption of security is warranted. Accordingly, you acknowledge and accept the risk that any communication to or from the Service may be intercepted, used or modified by third parties.
  • We do not warrant that access to or use of this Service will be uninterrupted or error free or that the Service or any material/data on or accessible through the Service is free from errors or viruses, worms, Trojan horses, time bomb, cancelbot or other harmful components.
  • We are not responsible for any deletion, alteration, or loss of data due to network or system outages, file corruption, accidental deletion, incompatibilities, or any other cause. We make no guarantees as to server reliability, speed, or consistency, and cannot be held liable for such.
  • We make no representation or warranty regarding the reliability, quality, accuracy, completeness, timeliness, suitability, merchantability, quality, physical state or fitness for a particular purpose of any material/data on or accessible through the Service to your specific situation or otherwise.
  • We may change any of the material/data on the Service at any time without notice.
  • We make no commitment to update any material/data on the Service.
  • You are responsible for assessing the accuracy, reliability and suitability of the material/data on or accessible through the Service. The University does not warrant or represent that the information or material/data on the Service is free from errors or omissions.
  • You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from your use of the Service, or the material/data on or accessible through the Service.
  • You acknowledge and agree that you must take your own precautions to ensure that the process which you use to access the Service does not expose you to the risk of viruses or other form of interference that may damage your own computer system. The University is not liable for any interference with or damage to a user’s computer system, software or data occurring in connection with this web site or any linked website.
  • Whilst the University will strive to provide high availability of the Service, it cannot guarantee that the Service will be available to use at any particular time.
  • We and our officers, employees, agents and related bodies corporate shall not be liable for any loss, damage or expense whatsoever, including but not limited to losses or damages for loss of profits, business interruption, loss of information, loss of revenue, loss of data, indirect, special, punitive or consequential losses or damages arising out of the use or inability to use the Service or the material/data or information available on or accessible through the Service, even if we have been advised of the likelihood of such damages.
  • You expressly agree that you use the Service solely at your own risk.

8. INDEMNIFICATION

You agree to indemnify, defend and hold harmless the University and its officers, employees, consultants, agents, contractors (including subcontractors), advisers and related bodies corporate from any and all third-party claims, liability, damages and costs (including, but not limited to, legal fees) arising from your failure to comply with these Terms and Conditions (including the Privacy Statement), or from your violation of any applicable law.

9. INTELLECTUAL PROPERTY RIGHTS

  • The Survey Feedback, Survey questions, information, questions, content, text materials, documents, data, illustrations, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, source code and control features of the Service (the Content) is protected by copyright, trade mark and other intellectual property laws and remains the property of the University or its relevant licensors/licensees.
  • You do not obtain any interest or rights in the Content.
  • You are granted the right to use the Service and view any Content on the Service for your own personal use only, or as expressly permitted by the University only.
  • You must not use, publish, adapt or reproduce any Content without the University’s prior written consent which it may withhold in its absolute discretion.
  • You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, distribute, or communicate to the public the Content (or any part of it) in any way or for any purpose except as expressly provided for in these Terms and Conditions or under the Copyright Act 1968 (Cth).
  • ‘Australian Eating Survey®’ and other logos and name are our trade marks and intellectual property. They may not be used as part of your business or in connection with any goods or services without our prior written consent.
  • By submitting content or materials/data to the Service, you represent that you have the right to submit that content or materials/data and that you consent to the University exercising all rights in respect of such content or materials/data as contemplated by these Terms and Conditions.
  • For individuals: You may use the Survey Feedback for personal use only to assist you to understand your dietary/eating habits or to consult with a qualified healthcare professional.

For researchers, dietitians and other clinicians:

  • You may use the data comprised in the Survey Feedback for non-commercial research purposes or to assist you in the treatment of your participants/patients who have completed the Service only.
  • You may not use, publish or reproduce the form of the Survey Feedback (the report) without the University’s prior written consent which it may withhold in its absolute discretion.
  • Upon request, you will be provided with an export of data from the Service relating to your participants/patients (the Data Export). The Data Export will include:
  • The Survey Data for your participants/patients (being the raw unprocessed responses to the Survey);
  • Analysed Data; consisting of, for example, (depending on the type of Australian Eating Survey):
    • Total energy, macronutrient and micronutrient intakes
    • Percentage of energy contributed to total energy intake by:
    • Macronutrients (protein, carbohydrate, fats, alcohol)
    • Core and non-core foods
    • Australian Recommended Food Score
  • You may use the Survey Data for your participants/patients (being the raw unprocessed responses to the Survey) as you see fit provided such use is in accordance with these Terms and Conditions, the Privacy Statement and all applicable laws. The University makes no claim to ownership of this Survey Data.
  • You may use the Analysed Data from the Data Export for non-commercial research purposes or to assist you in the treatment of your participants/patients who have completed the Service only. The University reserves all rights to the intellectual property therein and no other use is permitted without the University’s prior written consent which it may withhold in its absolute discretion.

10. GENERAL

  • The University may assign or transfer the rights granted to, and obligations imposed on, it under these Terms and Conditions (including the Privacy Statement) to another entity, and you hereby consent to such assignment or transfer without giving prior notice to you or obtaining your consent.
  • We will not be liable by reason of the failure in the performance of obligations under the Terms and Conditions (including the Privacy Statement) by reason of strikes, riots, fire, explosion, acts of God, governmental action, or any other cause which is beyond our reasonable control, including any form of technological failure or the actions of third parties.
  • These Terms and Conditions (including the Privacy Statement) constitute the entire agreement between you and us with respect to this Service, and the Terms and Conditions (including the Privacy Statement) replace all prior or contemporaneous understandings or agreements, written or oral, regarding the Service.
  • If any provision of these Terms and Conditions or the Privacy Statement is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is not enforceable, and the remaining provisions of the Terms and Conditions and the Privacy Statement shall remain in full force and effect.
  • Any failure by us to insist upon or enforce strict performance of any of these Terms and Conditions or the Privacy Statement will not be construed as a waiver of any right or remedy of ours in respect of any existing or subsequent breach of these Terms and Conditions or the Privacy Statement.
  • These Terms and Conditions and the Privacy Statement are governed by and are to be interpreted in accordance with the laws of New South Wales, Australia. You hereby consent and submit to the exclusive jurisdiction and venue of the Courts of New South Wales, Australia for any cause of action relating to or arising under these Terms and Conditions or the Privacy Statement.
  • We operate the Service in Australia. Information contained on the Service may not be appropriate or available for use in other locations. If you access the Service from other locations, you do so at your own initiative and you are solely responsible for compliance with local laws.
  • We reserve the right to discontinue the Service at any time and for any reason.

11. COMPLAINTS

In the first instance, a complaint about the Service should be directed to EatingSurvey@newcastle.edu.au.

If the situation remains unresolved, you may contact the University’s complaints office at complaints@newcastle.edu.au, or if the complaint relates to how we have handled your personal information, you may contact the University’s privacy office at privacy@newcastle.edu.au.