Terms of Service

 1. Definitions and Interpretation

  1. In these Terms and Conditions:
  2. the expressions ‘user’, ‘you’ and ‘your(s)’ refer to the individual or organisation accessing the Food Safe Australia platform or @eatsafeapp within the Food Safe Australia & @eatsafeapp websites;
  3. Act means the Food Act 2006
  1. The Food Safe Australia Platform means any site falling under the Food Safe Australia banner including https://foodsafeaustralia.com.au, https://app.foodsafeaustralia.com.au and our mobile app https://eatsafeapp.com.au and any of our other web pages;
  2. Claim includes (and is not limited to) any claim, action, demand, application, proceeding, judgment, enforcement hearing or enforcement order;
  3. Code means the Australia New Zealand Food Standards Code;
  4. Content means information accessed through, or contained in the Food Safe Australia platform and the @eatsafeapp website, including your information;
  5. Food Safe Australia means the Food Safe Australia website and the @eatsafeapp website and the services available through it, developed, owned and operated by, Food Safe Apps Pty Ltd ABN 85 767 641 176;
  6. The Food Safe Australia website means the Food Safe Australia website and the services available through it, developed, owned and operated by, Food Safe Apps Pty Ltd ABN 85 767 641 176
  7. Intellectual Property Rights includes all copyright, trade mark, design, patent, semiconductor or circuit layout rights, plant breeders’ rights and any other proprietary rights (excluding moral rights), and any rights to registration of such rights existing anywhere in the world, whenever created, but excludes moral rights;
  1. Licence has the meaning given to it in clause 3;
  2. Personal Information has the meaning given to it in the Applicable Privacy Law;
  3. Purpose Food Safe Australia is a platform that provides the tools for you to identify, document, and store the information you need, to create a FZANZ compliant Food Label, meeting all Australian labelling requirements, and suitable to label a food product for retail sale in Australian and New Zealand.

Once your products, and labelling are developed, you can:

share them on the @eatsafeapp;

 use them on products sold in the retail marketing Australia & New Zealand;

 Essential Food Safety Training for staff;

 Listing in the @eatsafeapp portal for customers Australia wide to find your products and see dietary requirements and nutrition information;

Recipe builder and management of your products, ingredients, and suppliers;

Allergen control and % Australian ingredients calculations;

 Generate product specifications for your sellable products;

 Marketing kits for in-store promotion of the@eatsafeapp and your staff Food Safety Training.

2. Accepting these Terms

  1. In order to access and use Food Safe Australia, you must first agree to these Terms. Acceptance of these Terms constitutes a legally binding agreement between you and Food Safe Apps Pty Ltd. By accessing and/or using the Food Safe Australia platform, you agree to be bound by these Terms and to abide by them in connection with your access to and/or use of the Food Safe Australia platform.
  2. Food Safe Apps Pty Ltd reserves the right to amend, modify, add, delete and make corrections to these Terms by updating Food Safe Australia to incorporate new Terms, at any time without notice. All changes are affected from the date they are posted, and your continued access and/or use of the Food Safe Australia platform after the posting of each change will constitute your acceptance of the variation of the Terms. It is your responsibility to ensure you are aware of any changes to the Terms each time you access and/or use the Food Safe Australia platform.

3. Licence

  1. As a subscriber of Food Safe Australia, you are granted a non-exclusive, non-transferable, revocable, limited licence to access and use the Food Safe Australia platform and the Content in accordance with these Terms. Food Safe Apps Pty Ltd may terminate this licence at any time for any reason.
  2. You acknowledge that you have no rights, including Intellectual Property Rights, in, or to, Food Safe Australia, or other information in connection with, or provided by, Food Safe Australia or technology used, or supported by, Food Safe Australia, other than the right to use the Food Safe Australia platform in accordance with these Terms.

4. Food Act 2006 and Australia New Zealand Food Standards Code

  1. The Act and the Code sets out the food safety standards for food businesses operating in Australia and New Zealand.
  2. The content presented in the Food Safe Australia platform & the @eatsafeapp is distributed by the Food Safe Apps Pty Ltd as an information source only. The Food Safe Australia platform makes no statements, representations or warranties about the accuracy, completeness or reliability of any information contained this website. Food Safe Apps Pty Ltd disclaims all responsibility and all liability (including without limitation for liability in negligence) for all expenses, losses, damages and costs you might incur as a result of the information being inaccurate or incomplete in any way, and for any reason reliance was placed on such information.

5. Your obligations

  1. Subject to these Terms, you may access and use the Food Safe Australia platform and the Content for the Purpose. You must not use the Food Safe Australia platform and the Content for any other purpose.
  2. You are responsible for ensuring information input into the Food Safe Australia platform is accurate and truthful.
  3. The use of the Food Safe Australia platform does not demonstrate your due diligence in complying with the Act or the Code.  Food Safe Apps Pty Ltd makes no guarantees that by using the Food Safe Australia platform and the Content you will be compliant with all of the requirements of the Code and the Act. Information provided by the Food Safe Australia platform and the Content is made available for the benefit of the public and is not intended to provide or substitute professional, legal advice. Food Safe Apps Pty Ltd strongly suggest that you seek independent legal advice. Food Safe Apps Pty Ltd does not accept liability for any negligence, error or omission, injury, expense, loss or damage incurred by you or another party as a result of you using or relying upon any information provided by the Food Safe Australia platform and the Content.

6. Limitations on use

  1. You must not:
  2. use the Food Safe Australia platform or the Content in any unlawful manner, for any purpose other than the Purpose, or in any manner inconsistent with these Terms;
  3. use the Food Safe Australia platform in any way that could damage, disable, overburden, impair or compromise the Food Safe Australia platform;
  4. hack into the Food Safe Australia platform, destroy data, or insert malicious code, a virus or harmful data into the Food Safe Australia platform;
  5. disrupt or interfere with the Food Safe Australia platform or servers of other websites, software, hardware or equipment connected to or via the Food Safe Australia platform;
  6. violate any applicable law by your access to, or use of, the Food Safe Australia platform;
  7. permit, whether directly or indirectly (including through careless or reckless conduct), any access to, or use of, the Food Safe Australia platform by any person who is not authorised by Food Safe Apps Pty Ltd to do so;
  8. copy, reproduce, aggregate or commercialise the Content; or
  9. provide or disclose the Content to any other person.
  10. The Food Safe Australia platform does not:
  11. provide professional labelling advice, legal advice or assessment of your food label against the requirements of the Code.
  12. The Food Safe Australia platform must not be used to create food labels for:

- special purpose foods:

- infant formula products;

- food for infants;

- formulated meal replacements;

- formulated supplementary foods;

- formulated supplementary sports foods;

- foods for special medical purposes;

foods that require pre-market clearance:

- novel foods;

- food produced using gene technology;

- irradiation of food;

- drinks with complex labelling requirements:

- alcoholic drinks;

- formulated caffeinated drinks;

- electrolyte drinks;

- drinks made from cereals, nuts, and/or seeds;

- drink bases (solid or liquid) that is used to make any of the drinks above;

7. Termination

  1. Food Safe Apps Pty Ltd reserves the right to cease operating the Food Safe Australia platform at any time, without notice, and to terminate these Terms.
  2. Food Safe Apps Pty Ltd may terminate your right or ability to use the Food Safe Australia platform at any time with immediate effect if you fail to comply with these Terms.

8. Intellectual Property Rights

  1. You acknowledge that all Intellectual Property Rights in the Food Safe Australia platform are owned by, or licensed to, Food Safe Apps Pty Ltd and are protected by copyright, trade mark and intellectual property laws in Australia or overseas.
  2. Without Food Safe Apps Pty Ltd prior written consent (unless you are expressly authorised by law) you must not yourself, or with others, or permit any other person, to do, or omit to do, anything in relation to the Food Safe Australia platform or the Content other than as permitted by these Terms.
  3. Nothing you do on or in relation to the Food Safe Australia platform or the Content will transfer any Intellectual Property Rights to you or license you to exercise any Intellectual Property Rights except as expressly stated in these Terms.

9. Exclusion of warranties

  1. All Content and services on or available through the Food Safe Australia platform are provided on an ‘as is’ and ‘as available’ basis and without warranties of any kind, express or implied, except any which may be implied by statute and are incapable of exclusion, in respect of the Food Safe Australia platform or the Content.
  2. To the maximum extent permitted by law, Food Safe Apps Pty Ltd excludes, and does not make any representation, warranty, or endorsement of any kind, whether express or implied, in relation to the content, accuracy, completeness, accessibility, suitability, safety, security, reliability, or any other aspect of:
  3. any Content, material and/or information in the Food Safe Australia platform;
  4. the performance and/or availability of the Food Safe Australia platform; or
  5. loss, damage, corruption or degradation of any data or other material as a result of your access to or use of the Food Safe Australia platform.
  6. You acknowledge that the Content available in the Food Safe Australia platform may change at any time.

10. Exclusion of liability

  1. To the maximum extent permitted by law, Food Safe Apps Pty Ltd excludes all liability for any loss or damage whatsoever which is suffered (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, loss of profits or revenue, business interruption, loss, damage or corruption of data or failure to realise anticipated savings or benefits or business opportunities) as a result of:
  2. the use of, reliance on, or action taken as a result of your access to, the Food Safe Australia platform, or any Content, Personal Information or any information or material in the Food Safe Australia platform;
  3. accessing, viewing and/or using the Food Safe Australia website or the Content;
  4. any interruption, suspension or termination of the Food Safe Australia platform in whole or part for whatever reason including failure or suspension of public or private telecommunications network;
  5. the unavailability, unsuitability and/or non-connectivity of the Food Safe Australia platform or the Content; or
  6. any loss, damage, corruption, or degradation of any Content, data, information, computer code or other material as a result of:
  7. the use of the Food Safe Australia platform or any Content; or
  8. viruses or other technologically harmful material that may infect your computer or mobile device due to your use of the Food Safe Australia platform.

11. Release from claims and indemnity

  1. You hereby forever waive, release, forgive, discharge and relinquish any and all Claims that you may have against Food Safe Apps Pty Ltd and its employees, officers, contractors, agents and representatives, in connection with, or arising out of, or incidental to, your access to, or use of, the Food Safe Australia platform and/or the Content, including but not limited to, accessing the Food Safe Australia platform, any Content, Personal Information, other information and materials in, or from, the Food Safe Australia platform or submitting or uploading any Content, Personal Information, other information, concepts, data or other materials to the Food Safe Australia platform.
  2. You indemnify Food Safe Apps Pty Ltd, their employees, officers, contractors, agents and representatives (those indemnified) from and against any loss, liability, damage or expense (including legal fees on a solicitor client basis) in relation to each and every Claim made by any third party against those indemnified, howsoever caused (including through negligence) directly or indirectly arising out of or in connection with:
  3. your access to, or use of, the Food Safe Australia platform and Content, including, but not limited to, accessing any Content, Personal Information, other information and materials, including any linked website, in, or from, the Food Safe Australia platform or submitting or uploading any Content, Personal Information, other information, concepts, data or other materials to the Food Safe Australia platform;
  4. your reliance on the Food Safe Australia platform or any Content;
  5. breach by you of the Terms; and
  6. your infringement, or potential infringement, of the Intellectual Property Rights of a third party in connection with the Food Safe Australia platform or any Content.

12. Risk

  1. You access the Food Safe Australia platform and use the Content at your own risk and Food Safe Apps Pty Ltd accepts no responsibility for any interference, loss, damage or disruption to your own computer, mobile device, process, procedure, business, schedule or otherwise which arises in connection with your use of the Food Safe Australia platform. You must take your own precautions to ensure that the process which you employ to obtain access to the Food Safe Australia platform does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer or mobile device or otherwise cause you or any person loss, damage or corruption.

13. Software viruses etc

  1. Without limiting the above, Food Safe Apps does not warrant that the Food Safe Australia platform, Content, information and/or material is free from viruses or other conditions that could damage or interfere with data, hardware or software. Accordingly, Food Safe Apps platform excludes to the maximum extent possible, any liability for any loss suffered as a result of any such viruses or defects.

14. Privacy

  1. You acknowledge that Personal Information about you collected by Food Safe Apps Pty Ltd because of your access to and use of the Food Safe Australia platform will be held by, or on behalf of, Food Safe Apps Pty Ltd. This information is collected for the purpose of operating and managing the Food Safe Australia platform and providing you with the Content.
  2. For information on how to gain access to your Personal Information, how Food Safe Apps Pty Ltd uses your Personal Information, provision of contact details or other privacy matters, please see our Privacy Policy.