Terms of Use

Welcome to the equalchoice.com.au website (“Website”). These Terms of Use apply to the use of the Website and participation in the Website ‘submit a recipe’ or any other Website features. By accessing the Website you agree to be bound by and comply with these Terms of Use. The Website is owned and operated by Merisant Australia Pty Ltd, ABN 23 091 674 065 of PO Box 301, Crows Nest, NSW 1585 (“We”, “Our”, “Us”). If you do not agree to be bound by these Terms of Use, you may not use the Website and must exit the Website immediately.

Merisant reserves the right to amend these Terms of Use at any time and to change or terminate the Website at any time. Since you are bound by these Terms of Use, please check back and review this document from time to time. Your continued access to the Website and use of the Website after each amendment to the Terms of Use will constitute your acceptance of that amendment.

You are not granted any rights in or to the Website other than the limited right to use the Website according to these Terms of Use, and any other terms and conditions that We may adopt from time to time.

Your failure to comply with the Terms of Use may result in suspension or termination of your access to the Website, or any of its features, without notice to you. If you have any questions relating to these Terms of Use please notify Us by email to info@equalchoice.com.au.

These Terms of Use must be read in conjunction with Our Privacy Policy available www.equalchoice.com.au/Privacy/.

We recommend that this Website only be used by individuals who are 18 years of age and over.

User Sign-Up, User Information and User Content

You may be required to provide some information before you can access certain parts of the Website or submit, post or upload any graphics, text, photographs, images, video, audio or other material (collectively, “User Content”) on the Website, including but not limited to in the ‘Submit a Recipe’ option in the ‘Equal Kitchen’ part of the website. You may also opt-in to join our mailing list.

You must provide complete and accurate information when signing up to our database or submitting a recipe. You may not use another person’s information when signing up to our database or submitting content to our website. You must immediately notify Us of any unauthorised use of your name or information has been used. We reserve the right to co-operate with any legal order, direction or request to disclose the identity or other information relating to anyone submitting User Content which violates any law.

The following information is required to sign up or submit content on the Website:

Registration method Information required
Email

Compulsory: First name, last name, email address

Optional: gender, date of birth, postcode

Failure to include correct information outlined above and to update it as necessary will be seen as a breach of these Terms of Use.

You must never post a message under another person's username or pretend to be another person.

When submitting/posting any User Content on the Website, we will not display any personal information without your prior consent. Your real name, email address and personal details will never be displayed publicly, unless otherwise specified by you.

You agree that by providing Us with your personal details, We are permitted to use your e-mail as part of our quarterly database Newsletter mail-out or to communicate any special offers with you. You reserve the right to opt-out or unsubscribe at any time.

Inappropriate User Content

The use of inappropriate or offensive language is not permitted on this Website. Inappropriate or offensive language includes, but is not limited to, any language or content that is sexually oriented, sexually suggestive, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, bigoted, incites violence or other unlawful behaviour, encourages breach of these Terms of Use, or contains racially, ethnically or otherwise objectionable material of any kind. This includes, but is not limited to, the use of punctuation characters or symbols to simulate swearing. We will also not tolerate any argumentative, derogatory or hurtful remarks regarding companies, brands or individuals. Any such remarks should be sent directly to the company or individual concerned and not posted on this Website. Any remark deemed unacceptable will be edited or deleted without prior notification.

The following User Content will also be deemed inappropriate:

  • User Content that is factually wrong, misleading, off-topic or that does not fall into any category provided;
  • User Content that is unconstructive or inconsistent with Our brand, or which seek to dominate the discussion in an inappropriate way (as determined by Us);
  • User Content that seeks to endorse commercial products or activities or solicit business;
  • User Content that is inconsiderate or not respectful of other users;
  • User Content that threatens, harasses, stalks or abuses other users;
  • User Content that reveals sensitive and/or confidential information of the user or other users and/or invades their privacy in any way;
  • User Content that includes instructions for weapon and/or explosive manufacture or use.

The Website is designed to be accessed by people aged 18 years and over, and inappropriate User Contents will not be tolerated. User Content which We consider to be inappropriate for the above reasons (or any other reason reasonably determined by Us) or is otherwise unlawful, will not be permitted and may be deleted or edited at any time at Our discretion. We may also suspend or cancel your User Account at Our discretion if you submit/post any inappropriate User Content.

To avoid spam and unwanted communication, you should always exercise judgment when revealing personal information on the Website. We exclude all liability and are not responsible for any third party spam, harassment, stalking or other contact resulting from information disclosed by you on publicly accessible areas of the Website.

We reserve the right to review and test all recipes submitted to us, before they are made publically available on the website. We reserve the right to remove User Content (such as user-created recipes) from the Website at Our discretion without any prior notice.

Prohibited Activities

We do not allow any illegal activities on the Website. You cannot use the Website to publish, post, distribute, or disseminate defamatory, infringing, obscene, or other unlawful material or information. This includes material, or links to material, that contains viruses, trojans, worms or other code intended to cause damage to computers, servers or electronic networks.

You must not upload/submit/post any material that contains images, photos, software, text, music or other material protected by intellectual property laws (including copyright, trade mark, trade secrets), rights of privacy or publicity or any other personal or proprietary rights or applicable laws unless you own or control the rights to that material or have received all necessary consents. You must not post links to any websites for the purpose of facilitating illegal downloading of material protected by intellectual property laws.

We will not tolerate spamming on the Website. Spamming includes submitting/posting/uploading identical and irrelevant User Content to many different discussion areas or promoting blogs, services, businesses or other enterprises outside of topics where relevant. Usually such content will have nothing to do with the particular topic or is of no real interest to other Website users. Spamming also includes misrepresenting the source of anything you say or post. Spamming is a serious violation of these Terms of Use and will be treated as such.

Your Responsibilities

You are responsible and liable for all any User Content you submit, upload or post. Yu agree to use the Website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.

Once User Content has been submitted on the Website, unless it is brought to the attention of one of Our moderators as being in breach of these Terms of Use and is edited or deleted by the Website moderators, such User Content will remain on the Website so please consider any User Content carefully prior to submitting, posting or uploading it to the Website. We are under no obligation to remove your User Content upon your request; however, We may elect to do so in certain circumstances at Our discretion.

Inappropriate content must not be posted to the Website. Any user found to be doing so will be banned.

You are responsible for any actions you may take based on advice or information you receive online, including on the Website. Use your own good judgment when evaluating information provided on the Website and remember that the information provided could be from people from any experience level. The decision to conduct transactions with anyone is your own and you should conduct your own research prior to making any decisions.

We do not necessarily endorse, support, sanction, encourage, verify, or agree with the User Content posted, submitted or uploaded by any user on the Website. Any User Content on the Website, including but not limited to advice and opinions, represents the views of the user who posted, submitted or upload it, and does not necessarily represent Our views or the views of Our associated companies or third party service providers.

Intellectual Property

You agree that by posting, uploading or submitting any User Content on the Website, you grant Us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense (throughout the world in perpetuity) any such User Content in any manner and in all media (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorise others to do so, without compensation, restriction on use, attribution or liability. This includes the right to edit, adapt, modify, change, add to, detract from, reproduce, distribute, prepare derivative works of, display and perform the User Content and to use the User Content for any purpose, including but not limited to commercial purposes. You warrant that you have the full authority to grant these rights.

When submitting a recipe on our website, you agree that it will be subject to testing, modification and editing before it is posted on our website. We reserve the right to exclude recipes, or remove User Content at any time without prior consent if we feel it does not adhere to our Brand Guidelines or have a space in our portfolio.

If you have any moral rights (or similar rights) in respect of User Content that you submit, post or upload, you consent to Us using the User Content from time to time in any way We wish (even if that use is contrary to those rights), including making material alterations to the User Content and exploiting the User Content with or without attribution. Immediately on such moral rights beginning to exist, you waive those rights in perpetuity, to the maximum extent permitted by law. If any other person has moral rights in respect of User Content that you submit, you must ensure that they agree to the above before you submit the User Content.

Any use of the User Content by Us will be decided by Us in Our sole discretion and We are under no obligation to use User Content submitted by you in any way.

You agree that you are fully responsible for the User Content you submit. To the full extent permitted by law, We assume no responsibility or liability which may arise from the publication or transmission of any unlawful information or User Content. We shall not be liable in any way for such User Content. You shall be solely responsible for your own User Content and the consequences of publically posting, submitting, uploading or publishing it through the Website. You warrant and agree that:

  1. You will not submit any User Content that is inappropriate;
  2. You will obtain prior consent from any person or entity, or in relation to any property that may appear in your User Content;
  3. Your User Content shall not contain viruses, trojans, worms, malicious code, or otherwise cause injury or harm to any person or entity; and
  4. You will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.

You agree that, unless otherwise indicated and with the exception of User Content, all copyright in the information and materials contained in the Website (including but not limited to any text, images, audio, or video), together with any trade mark/s, logo/s and/or any other material in which intellectual property right/s are capable of subsisting, as featured herein, is owned by Us, or otherwise reproduced by Us with the permission from the relevant owner/licensee, as the case may be. The Website, or any portion thereof including the User Content, may not be reproduced (other than solely for personal non-commercial home use), or adapted, modified, duplicated, copied, sold or otherwise exploited for any commercial purpose without Our prior written consent.

You may access User Content submitted by other users on the Website solely for:

  1. non-commercial personal purposes; and
  2. as intended through the normal functionality of the Website.

Without limiting any other terms herein, you indemnify Us for any breach of any of the terms or warranties contained herein.

Reporting Inappropriate User Content and Users

You can report User Content that you think is inappropriate by flagging such User Content using the functionality provided on the Website. We will then be notified to review the relevant User Content. To bring to Our attention users who you think may not be following these Terms of Use, please email their details to info@equalchoice.com.au. It is Our decision to determine if the User and/or the User Content should remain visible or be removed.

Mobile and Other Devices

We currently provide access to the Website on your mobile device for free, but please be aware that your carrier's normal data access rates and fees will still apply.

Privacy and Closing of Accounts

Your privacy is important to Us.

We will send users emails periodically with Website updates and notifications, product news and/or special offers; therefore please ensure that your details are inputted correctly into your User Account. You have the option to select which Website notifications you receive in your User Account. (We will send you updates in relation to the above and notifications when someone replies to your comments, unless you indicate otherwise). Unsubscribing from email updates does not mean that you will be prevented from accessing or participating on the Website. Should We repeatedly receive bounce-back emails from the email address provided in your User Account when We send you a communication, your User Account may be cancelled without prior notification.

There will be two types of opt-outs:

  1. Opt out of automated communication such as reply emails; and
  2. Opt out of communication from Us entirely.

To unsubscribe, please update your communication preferences under ‘Your Profile’ (accessed by logging into your User Account on the Website), or click on the unsubscribe link included in all emails to you.

To close your Website User Account, please email info@equalchoice.com.au with a request to close out your User Account.

Please view Our Privacy Policy for full details on how the personal information you provide will be collected, retained, disclosed and used.

Third Party Links

In an attempt to provide increased value to you, We may provide links to other websites or resources. We have provided these resources as having some value and relevance but their development and maintenance are not under Our control. As such, We are not responsible for the content of such websites and resources, their expressed opinions, and other links provided by these resources.

Using The Website Outside Of Australia

We control and operate this site from Australia, and make no representation that this Website is appropriate or available for use in other jurisdictions. If you use this Website from other jurisdictions, you are responsible for compliance with the applicable laws in your jurisdiction. By downloading or using content or features of this Website, you assume responsibility for doing so under the law that applies in the jurisdiction(s) where you are located.

Liability Disclaimer

We will use Our best endeavours to ensure that the information and materials that We make available on the Website is correct and up-to-date. However, to the maximum extent permitted by law, We do not make any representation, warranty or endorsement of any kind, whether express or implied, in relation to the content, accuracy, currency, accessibility, reliability or any other aspect of:

  1. any material and/or information on the Website;
  2. the performance of the Website; or
  3. any User Content.

To the maximum extent permitted by law, We will not be liable 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 of data or failure to realise anticipated savings or benefits or business opportunities) as a result of:

  1. the use or reliance on any information on the Website;
  2. accessing and using the Website and/or participating in any on-line activities contained therein;
  3. any interruption, suspension or termination of the Website in whole or in part (including but not limited to User Content) for whatever reason;
  4. any decision to remove or edit User Content and/or terminate any User Account.

You hereby waive, release, forgive, discharge and relinquish any and all claims that you may have against Us, Our related bodies corporate, directors, employees, agents and representatives, in connection with, or arising out of, or incidental to, your access to or use of the Website, including but not limited to downloading any materials therein or submitting, posting, uploading or accessing any User Content.

We do not warrant that the Website, or the server on which the Website is hosted, is free of software viruses or defects. Accordingly, We are not liable for any loss suffered as a result of any such viruses or defects.

Our exclusion of liability applies to claims whether in contract, tort (including, without limitation, negligence) or equity and even if We have been notified of the possibility of such loss or damage.

You agree that Our liability to you at law will be reduced by the extent, if any, to which you contributed to the loss.

No Unlawful Or Prohibited Use

As a condition of your use of this Website, you warrant that you will not use this Website for any purpose that is unlawful or prohibited by these Terms of Use and any other notices made by Us.

Applicable Law

These Terms of Use are governed by the laws of New South Wales, Australia.

© 2015 Merisant Company 2 Sarl. All rights reserved. Equal® is a registered trademark of Merisant Company 2 Sarl.