Terms & Conditions

The Joshuatreeau Website Terms and Conditions

By using Our Website, You agree to these Terms and Conditions. We reserve the right, in Our sole discretion, to change, modify, add or remove portions of these Terms at any time. You should check these Terms periodically for changes. By using this Website after We post any changes to these Terms, You agree to accept those changes, whether or not You have reviewed them. If You do not agree to these Terms, You should not use Our Website and, if applicable, You should arrange to cancel Your registered user account or (any) subscription with us.

PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE

Definitions

“Joshuatreeau” is the Intellectual Property of Fooddate Pty Ltd (ABN 17 204 822 349), and also refers to proprietary Meals created by and exclusively owned by Joshuatreeau. As used herein, references to “Joshuatreeau” as a party means and refers to Joshuatreeau and its owner(s), parent company(ies), affiliated entities, employees, and assigns

 

•  “Member” refers to a person who has acquired a Free Joshuatreeau account. “Membership” refers to a Member’s Free Joshuatreeau account.

•  “Parties” mean Joshuatreeau and You. Joshuatreeau and You are each a “Party.”

•  “Terms” mean and refer to the Terms and Conditions set forth herein.

•  “Trainer” means and refers to the Joshuatreeau employee, agent, or contractor who will assist You with Your fitness goals, as further defined herein.

•  “We,” “Us,” and “Our” mean and refer to Joshuatreeau.

•  “Website” means and refers to this and any other website operated by Joshuatreeau

•  “You” and “Your” means the Member who has executed this Agreement by acquiring a membership subscription.

Eligibility

By registering to use the Website, or procuring a Membership, You represent that You have reached the age of majority where You Live. You further represent that that You have the Legal capacity to accept these Terms and to use the Website in accordance with these Terms.

The Joshuatreeau Membership

shuatreeau can change any Free Membership subscription detailed on the Website or in any precontract information (including these Terms), at any time.

Our support team will then direct You to the steps necessary to cancel Your membership on Our Website.

Payment Terms

A Member is responsible for paying all sums due to Joshuatreeau in connection with their Membership in accordance with these Terms.

Every order placed under your membership will be charged the amount shown in the shopping cart plus any relevant shipping fees, if any.

Failure by the Member to use any of the services available for a member through its subscription to Joshuatreeau does not relieve the Member of his/her payment obligations under these Terms.

Potential registrants and/or Members can pay by Credit Card or Debit Card.

Payment details, together with details of the free membership applied for, shall be collected by Us through Our secure financial data collection mechanism, which transfers the details of the potential registrant and/or Member’s financial data to Stripe/PayPal’s online payment system for processing.

You acknowledge that We hold data regarding your purchases, including the last four digits and the expiry date of the card used to purchase.

You specifically authorize Stripe/PayPal to collect payment for Fees from the Member’s Credit Card or Debit Card provided to Stripe/PayPal and to forward payment of the Fees to us.

You agree that You will NOT send credit card details to Joshuatreeau directly and that ALL credit card transactions shall be processed through Stripe/PayPal via the Website. The Joshuatreeau cannot be held responsible for the security of, or the misuse of, credit card or other personal information. Members should be aware that further terms and conditions required by Stripe/PayPal may apply and can be found at www.paypal.com and www.stripe.com.

Joshuatreeau reserves the right to immediately terminate a member’s account and/or service for any unpaid (in whole or part) products (with or without notice). Termination of service in no ways relieves or excuses the Member from any obligation to pay outstanding charges or expenses. In the event Joshuatreeau starts collection processes of any type, you will be Liable for all collection costs, including Legal fees and expenses.

In addition to any Fees, Joshuatreeau may also charge applicable value added or other tax.

License

You have Our permission to electronically copy and print hard copies of pages from this website for Your personal use only, and only to the extent necessary to place an order or shop with us.

Any commercial use of such copies is strictly prohibited. Unless We give You written permission in advance, any other use of any Website, its content and its information, including Linking or framing to any Website, is strictly prohibited.

All aspects of Our Website are protected by international law and international copyright and trademark laws, including all design elements, text material, logos, taglines, and metatags, hashtags, photographic images, personal stories, Joshuatreeau icons, video and audio clips, downloads.

No material on any Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever.

Joshuatreeau intellectual property and logo are proprietary marks of Joshuatreeau, and the use of those marks is strictly prohibited. Nothing herein gives You the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Joshuatreeau.

User Communication/Authorization to use Photographs

Joshuatreeau is pleased to hear from users and welcomes Your comments regarding Our services. You alone are responsible for any communication, message, and/or other content that You post, upload, submit, transmit or share with Joshuatreeau on this Website, by electronic mail or otherwise, including but not limited to, any data, questions, comments, suggestions or the like (collectively ‘User Communications’).

By transmitting or posting any User Communications, you represent and warrant that such User Communications are Your own original work and will not infringe or violate any copyright. trademark, trade secret, rights of privacy, rights of publicity or any other applicable laws. Joshuatreeau does not endorse or sponsor any User Communications submitted by You or other Members.

You are prohibited from posting, uploading, submitting, sharing or transmitting any unlawful, threatening, libellous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or would otherwise violate the law.

Joshuatreeau will fully cooperate with any law enforcement authorities or court order requesting or directing Joshuatreeau to disclose the identity of anyone posting any such information or materials.Subject to the terms and conditions set forth in Our Privacy Policy, all User Communications will be treated as non-confidential and non-proprietary information. Accordingly, please do not post, upload, submit or share any User Communications You wish to be kept confidential or for which You expect compensation, acknowledgement or attribution.

You grant Joshuatreeau permission to use any and all photographs taken by Joshuatreeau or its agents or employees or submitted by You to Joshuatreeau (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of Joshuatreeau or any product or service sold and marketed by Joshuatreeau.

You agree that this authorization to use Photographs may be assigned by Joshuatreeau to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in Joshuatreeau’s sole discretion.

You agree not to charge a royalty or fee, and not to make any other monetary assessment against Joshuatreeau in exchange for this Release and Assignment. You hereby release and forever discharge Joshuatreeau from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns.

You agree that this Release is irrevocable.

Termination:

joshuatreeau reserves the right to terminate any Member’s Free Membership and/or service for any reason after providing email notice to the Member.

No Medical Advice Provided

The content on this Website and any information (including but not Limited to: newsletters, social media, images, emails, online chats, and telephone calls, herein referred to as ‘information’) provided by Joshuatreeau is provided for informational purposes only, and is not intended to be a substitute for professional medical advice.

This dietary program is not intended for use by children under the age of 18. The dietary needs of minor children are different than adults. You should consult Your physician or other qualified health providers before beginning this or any other dietary program. At any time You have questions regarding a medical condition, You should seek the advice of Your physician or other qualified healthcare providers.

None of the contents of this Website or any information provided by Joshuatreeau is intended to be relied upon for medical advice, treatment or diagnosis. Any opinions expressed on this Website or any information provided by Joshuatreeau, are solely the opinions of the authors.

Joshuatreeau, their affiliated companies nor any of their employees assumes any liability for the contents of any materials provided on the Website or any information provided by Joshuatreeau. Reliance upon any opinion or advice provided on the Website, via telephone, online chat. or emails at Your own risk.

Food Allergy Disclaimer

Joshuatreeau makes every attempt to provide accurate nutrition and ingredient information for every product on Our menu.

We take food safety very seriously: however, there is always a risk of cross-contamination.

There is also a possibility that manufacturers of the commercial foods We use could change the formulation at any time, without notice.

Please be aware that Our facility handles nuts and foods that may contain nuts or nut oils.

Customers concerned with food allergies need to be aware of these risks and understand that the consumption of foods provided by Joshuatreeau is at their own risk.

Links to Other Websites

This Site may contain links to other websites. Joshuatreeau assumes no responsibility for the content or functionality of any non-Joshuatreeau website to which We provide a link.

Disclaimer

 

THE MATERIALS ON THIS WEBSITE ARE PROVIDED ‘AS IS” WITHOUT WARRANTIES OF ANY KIND. EITHER EXPRESS OR IMPLIED. INCLUDING WITHOUT LIMITATION. WARRANTIES OF TITLE. IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY. JOSHUATREEAU EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE MATERIALS ON THIS WEBSITE. YOUR USE OF ANY WEBSITE IS AT YOUR SOLE RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH YOUR USE OF THIS WEBSITE. JOSHUATREEAU SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF ANY WEBSITE.

 

Force Majeure

Joshuatreeau will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event.

As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labour strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labour in the open market, acute and unusual labour, material, or equipment shortages, or any other causes beyond the control of Joshuatreeau.

Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. Joshuatreeau shall not be required against its will to adjust any labour or other similar dispute except in accordance with applicable law.

Limitation of Liability

YOU AGREE THAT JOSHUATREEAU WILL NOT BE HELD LIABLE IN ANY WAY FOR INJURIES RELATED TO UNDECLARED OR UNKNOWN MEDICAL CONDITIONS.

YOU AGREE THAT IN NO EVENT SHALL JOSHUATREEAU’S LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO JOSHUATREEAU FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST JOSHUATREEAU OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.

Indemnification

You agree to protect, defend, indemnify and hold harmless Joshuatreeau, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct.

Your indemnity obligation includes, but is not limited to, any third party claim against Joshuatreeau for liability for payments for, damages caused by, or other liability relating to, You.

Assignment of Rights

Joshuatreeau may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without Joshuatreeau express written consent.

Contact

If You have any questions or complaints concerning any of the Terms, You may contact Joshuatreeau by email at info@joshuatreeau.com, or by regular mail at 94b smith street, Southport Qld 4215

Digital Millennium Copyright Act

If You believe that materials or content available on any Joshuatreeau Website infringes any copyright You own, You or Your agent may send Joshuatreeau a notice requesting that Joshuatreeau remove the materials or content from the Joshuatreeau Website.

If You believe that someone has wrongly filed a notice of copyright infringement against You, You may send Joshuatreeau a counter-notice. Notices and counter-notices should be sent to Joshuatreeau, Attention Legal Department, at 94b smith street, Southport Qld 4215, or by email to info@joshuatreeau.com.

Arbitration, Governing Law, Solicitors’ and Attorneys’ Fees

Any claim or grievance of any kind, nature or description that You have against Joshuatreeau including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Southeast Queensland, Australia.

You agree not to file suit against Joshuatreeau or any of its affiliates, subsidiaries, officers, directors, employees, successors or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by You and Joshuatreeau.

 

In the event that You and Joshuatreeau are unable to reach agreement on an Arbitrator, You and Joshuatreeau will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Southeast Queensland, Australia.

The arbitrators selected by You and Joshuatreeau will have no further involvement in the arbitration. The Arbitrator will determine the rules governing the arbitration. The decision of the Arbitrator will be final and binding on You and Joshuatreeau and may be reduced to a judgment in any court of competent jurisdiction.

This agreement to arbitrate survives any termination or expiration of the Agreement.

This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Queensland without regard to any choice of law provisions.

you understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement.

 

There is no right or authority for any claim You have against Joshuatreeau to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against Joshuatreeau may not be joined or consolidated with claims brought by anyone else.

Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.

Nothing in this Agreement prevents Joshuatreeau from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect Joshuatreeau’s rights prior to, during, or following any arbitration proceeding.

You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and solicitor’s fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either You or Joshuatreeau commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and solicitor’s fees incurred on the motion to compel from the other Party.

Sever-ability

If any Term set forth herein is deemed unenforceable under any applicable law, the remaining Terms shall remain in full force and effect and these Terms shall be read, collectively, as if the unenforceable Term(s) were omitted

Waiver

No waiver by Joshuatreeau of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default

Heading

Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.