Website Terms and Conditions of Use

About the Website

Welcome to www.theblendmag.com (Website). The Website provides you with an opportunity to browse the site and the available online content  (Online Content), which may include from time to time free Eproducts (Eproducts), articles and other material.

The Website is operated by Melanie Dimmitt t/as The Blend Magazine (abn: 41361282586) (the Publisher). Access to and use of the Website, or any of its associated Online Content, is provided by The Publisher. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website immediately.

The Publisher reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

Acceptance of the Terms

You accept the Terms by remaining on the Website.

Registration to use the Online Content

In order to access the Online Content, you may be required to register as a user of the Website. As part of the registration process, or as part of your continued use of the Online Content, you may be required to provide personal information about yourself (such as identification or contact details), including (but not limited to):

  • Email Address

  • Password

  • ABN/ACN

  • Address

You warrant that any information you give to The Publisher in the course of completing the registration process will always be accurate, correct and up to date.

Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms. 

You may not use the Website to access the Online Content and may not accept the Terms if:

  • you are not of legal age to form a binding contract with The Publisher; or

  • you are a person barred from receiving the Online Content under the laws of Australia or other countries including the country in which you are resident or from which you use the Online Content.

Your obligations as a Member

As a Member of the Website, you agree to comply with the following:

You will use the Online Content only for purposes that are permitted by:

the Terms;

  • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

  • you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Online Content;

  • any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify The Publisher of any unauthorised use of your password or email address or any breach of security of which you have become aware;

  • access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of The Publisher providing the Online Content;

  • you will not use the Online Content or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

  • you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Online Content. Appropriate legal action will be taken by The Publisher for any illegal or unauthorised use of the Website; and

  • you acknowledge and agree that any automated use of the Website or its Online Content is prohibited.

Information Disclaimer

Any information, advice, content or documentation provided on the Website, through the Online Content, Eproducts, articles, podcast, social media accounts, or on any other related platform do not constitute medical, dietitian, psychological or other professional advice, and are provided for general information and guidance purposes only.

All care is taken in the preparation of the information and published materials on the Website, through the Online Content, Eproducts, articles, podcast, social media accounts, or on any other related platform. The Publisher does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose. 

To the extent permissible by law, The Publisher will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs that might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, Online Content, Eproducts, articles, podcast, social media accounts, or on any other related platform.

Copyright and Intellectual Property

The Website, the Online Content and all of the related material of The Publisher are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Online Content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Online Content are owned or controlled for these purposes and are reserved by The Publisher or its contributors.

All trademarks, service marks and trade names are owned, registered and/or licensed by The Publisher, which grants to you a worldwide, non-exclusive, royalty-free, revocable license to:

  • use the Website pursuant to the Terms;

  • copy and store the Website and the material contained on the Website in your device's cache memory; and

  • print pages from the Website for your own personal and non-commercial use.

The Publisher does not grant you any other rights whatsoever in relation to the Website or the Online Content. All other rights are expressly reserved by The Publisher.

The Publisher retains all rights, title and interest in and to the Website and all related Online Content. Nothing you do on or in relation to the Website will transfer any:

  • business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

  • a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

  • a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

You may not, without the prior written permission of The Publisher and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Online Content or third party Online Content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

Privacy

The Publisher takes your privacy seriously and any information provided through your use of the Website and/or Online Content is subject to The Publisher's Privacy Policy, which is available on the Website.

General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them), which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

  • all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

  • The Publisher will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Online Content or these Terms (including as a result of not being able to use the Online Content or the late supply of the Online Content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website and the Online Content is at your own risk. Everything on the Website and the Online Content is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of The Publisher make any express or implied representation or warranty about the Online Content or any material referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

  • the accuracy, suitability or currency of any information on the Website, the Online Content, or any of the material (including third party material and advertisements on the Website);

  • costs incurred as a result of you using the Website, the Online Content or any of the material of The Publisher; and

  • the Online Content or operation in respect to links which are provided for your convenience.

Third Party Services

The Online Content may integrate, be integrated into, or be provided in connection with third-party websites, services, content, and/or materials (Third-Party Services). The Publisher does not control any Third-Party Services. The Publisher additionally makes no claim or representation regarding the Third-Party Services and accepts no responsibility for, the quality, content, nature, or reliability of Third-Party Services accessible from the Website, applications, software or any other element of the Online Content. There is no implied affiliation, endorsement, or adoption by you of these Third-Party Services and The Publisher will not be responsible for any content provided on or through these Third-Party Services. You should read the terms of use and legal agreements that apply to these Third-Party Services.

Limitation of liability

The Publisher's total liability arising out of or in connection with the Online Content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Online Content to you

You expressly understand and agree that The Publisher, its affiliates, employees, agents, contributors and licensors will not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This will include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

Termination of Contract

The Terms will continue to apply until terminated by either you or by The Publisher as set out below.

If you want to terminate the Terms, you may do so by:

  • providing The Publisher with days' notice of your intention to termination, in writing, via the 'Contact Us' link on the homepage.; and

  • closing your accounts for all of the services which you use, where The Publisher has made this option available to you.

The Publisher may at any time, terminate the Terms with you if:

  • you have breached any provision of the Terms or intend to breach any provision;

  • The Publisher is required to do so by law;

  • the provision of the Online Content to you by The Publisher is, in the opinion of The Publisher, no longer commercially viable.

Subject to local applicable laws, The Publisher reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Online Content without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts The Publisher's name or reputation or violates the rights of those of another party.

User Generated Content

If you choose to contribute any content to the Website or any other platform operated by The Publisher, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (Your Content).

By contributing content to the Website, you grant The Publisher a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by The Publisher.

Additionally, if you post your Content with any personal information including identifying information such as location or name, you agree The Publisher can use that information with Your Content for advertising and promotional purposes, or any other business purpose. 

You confirm you own or have the right to use any copyright material included in Your Content (including replies to The Publisher social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have the permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to The Publisher. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.

Please ensure you keep your own copies of Your Content as The Publisher may not archive, store or back-up Your Content nor continue to make Your Content accessible online.

The Publisher will endeavour to provide you with an appropriate credit when using Your Content on The Publisher platforms, though you understand and agree this may not always be possible.

The Publisher reserves the right to remove Your Content at any time. Your Content must not be malicious, libelous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.

Mailing List Registration 

You may be given the option to register for the The Publisher Mailing List (Mailing List). 

As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:

  • Email address

  • Name

If you choose to register for the Mailing List you agree to receive promotional material, updates and other content from The Publisher.

Indemnity

You agree to indemnify The Publisher, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

  • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;

  • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

  • any breach of the Terms.

Venue and Jurisdiction

In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute will be in the courts of New South Wales, Australia.

Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms will be governed pursuant to the laws of New South Wales. 

Independent Legal Advice

Both parties acknowledge and agree that the provisions of the Terms are fair and reasonable and both parties have had the opportunity to obtain independent legal advice.

Severance

If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part will be severed, and the rest of the Terms will remain in force.