Dietary Hawk Terms and Conditions
General
- These terms constitute the entire agreement between the parties in respect of its subject matter, and supersede all prior agreements, representations, negotiations and correspondence.
- These terms will be governed by the laws of Australia and the parties irrevocably submit to the non-exclusive jurisdiction of the courts in the state they operate.
- Persons must follow all reasonable directions by Dietary Hawk at all times.
- Dietary Hawk reserves the right to refuse entry or remove from its premises or any premises they are using any Person for any reason at their sole and absolute discretion.
Payment policy
Payments for online courses:
- Payment for online training courses is accepted via the Dietary Hawk website using credit card or gift voucher.
- Payment for Dietary Hawk training courses must be paid in full before course access is granted.
- Gift vouchers can be purchased via the Dietary Hawk website and have a three-year expiration date commencing date of purchase.
Quoted services and events:
- Payment for all Dietary Hawk Training Courses, Services or Events must be made in full before commencement.
- Quotes issued by Dietary Hawk are valid for seven (7) days unless otherwise specified by Dietary Hawk
- A non-refundable deposit is payable within seven (7) day of accepting a quote to secure your Training Course, Service or Event.
- If a quote is greater than $10,000, a non-refundable deposit equivalent to 10% is payable within seven (7) days.
- Online courses which are invoiced must be paid in full within 30 days of accepting a quote. Online fees must be paid in full before course access is granted.
Certification and audit:
- A $500 deposit is payable upon application for Dietary Hawk Certification and will be deducted from the final invoice.
- Audit fees and annual certification fee will be invoiced after Dietary Hawk has made their final decision on the initial application.
- Audit fees and annual certification fees must be paid in full within 30 days of certification.
Invoice payments:
- Payment must be made by either:
- Direct debit into Dietary Hawk's nominated account; or
- Credit card transaction over the phone
- If an invoice is not paid within its prescribed period, Dietary Hawk may, at its discretion:
- Charge interest of 5% per month on all outstanding payments; and
- Exercise any other rights to which it is entitled at law
- An additional fee of $500 may be charged should you request a different location, date, or time for Training Courses, Services or Events. Dietary Hawk cannot guarantee that your request can or will be accommodated. You are not entitled to a refund or any further compensation if Dietary Hawk is unable to accommodate your request and/or if the training is rescheduled, relocated or cancelled as a result of your request.
Refund Policy
- Dietary Hawk does not offer refunds, transfers or credit notes for ‘change of mind’ reasons, including illness or injury.
- Dietary Hawk does not offer refunds, transfers or credit notes for organisations or individuals who fail to complete or attend a Dietary Hawk Training Course, Service or Event or who withdraw from a Training Course, Service or Event for any reason.
- The same refund terms as above apply, if a Dietary Hawk Training Course, Service or Event is purchased using a gift voucher.
- For private Training Courses, Services or Events:
- If a booking is cancelled less than four (4) weeks prior to a Training Course, Service or Event, the balance becomes immediately payable, or if already paid, is not refundable.
- Dietary Hawk requires final attendance numbers a minimum of fourteen (14) days before a Training Course, Service or Event.
- Dietary Hawk does not offer refunds, transfers or credit notes if the number of attendees reduce after the final number has been provided to Dietary Hawk.
- Dietary Hawk permits increases in the number of attendees until seven (7) days prior to a Training Course, Service or Event.
Cancellation or Reschedule of a Program
- If Dietary Hawk cancels, reschedules or relocates a Training Course, Service or Event, Dietary Hawk will notify all effected individuals and organisations as soon as possible.
- If Dietary Hawk cancels a Training Course, Service or Event, all individuals and organisations effected by this cancellation will be offered a refund or (if they prefer) a credit note to attend another course or event.
- In the event an individual or organisation is unable to attend a Dietary Hawk Training Course, Service or Event, as a result of Dietary Hawk rescheduling or relocating a course or event, Dietary Hawk will provide these individuals or organisations with a full refund for the portion of the Training Course, Service or Event being rescheduled or relocated, using the same method by which they paid, or find an alternate time or session that is appropriate for them, or (if they prefer) a credit note to attend another program.
Online program access
- Individuals enrolled into the Dietary Hawk Responsible Person online course have 30 days to complete the course from the time at which they activate their course activation code.
- Individuals enrolled into the Dietary Hawk Responsible Service course have seven (7) days to complete the course from the time at which they activate their course activation code.
- Course activation codes have an expiration period of three (3) years from the date of purchase.
- If an individual fails to complete a course within the allocated timeframe, they may request an extension to their course. Dietary Hawk has sole discretion as to whether an extension will be granted, and this extension may be subject to additional fees.
Australian Consumer Law
- Dietary Hawk complies with its obligations under the Australian Consumer Law. To the extent that any of the refund/return/replacement rights stated on our website are inconsistent with your rights under the Australian Consumer Law (found at Schedule 2 to the Competition and Consumer Act 2010) your statutory rights will prevail.
Reissuance of certificates, identification badges or other personal or course materials
- Fees may apply should an individual or organisation require Dietary Hawk to reissue a certificate, identification badge or any other materials.
Dietary Hawk Privacy Policy
- Dietary Hawk may from time to time collect or obtain your personal information through various means, such as when you visit Dietary Hawk’s website, email Dietary Hawk, purchase a Dietary Hawk Training Course, use a Dietary Hawk Service or attend a Dietary Hawk Event.
- Dietary Hawk may use such personal information (whether identifiable or non-identifiable) to keep you informed of its new products or services, send you regular updates or newsletters, or news of special offers or events.
- Dietary Hawk will only use such information to contact you directly, or for its own website usage analysis or customer/market research purposes, and except as set out in this privacy policy or as required or permitted by law.
- Dietary Hawk will not disclose or sell your personal information to any third parties.
- Dietary Hawk will use reasonable endeavours to safeguard your personal information against loss, theft, misuse or unauthorised access or disclosure.
- Dietary Hawk may disclose your personal information to third-party service providers who perform services on its behalf. For example, Dietary Hawk may hire external companies to handle payment processing, host its website, provide goods, services, supplies or facilities, to assist in marketing or publicity, and so forth. Those third parties will only be provided with such personal information they need to provide the service, must protect personal information to the same extent as Dietary Hawk, and shall be prohibited from using it for any other purpose.
Intellectual property
- Subject to your compliance with these Terms, Dietary Hawk grants you a royalty free, non-exclusive, non-transferrable, limited licence to use this website and its content and view this website and its content for personal non-commercial purposes only.
- Dietary Hawk retains all intellectual property rights associated with all content and branding found on the Dietary Hawk website, in Dietary Hawk Training Courses, as part of Dietary Hawk Events or Dietary Hawk Services or any activities related to or connected with Dietary Hawk.
- Dietary Hawk reserves the right to enforce its intellectual property rights related to the content of the Dietary Hawk website, Training Courses, Services or Events, it provides through civil proceedings.
- You must not:
- copy, distribute, sell, rent or modify any part of this website, its content or Dietary Hawk Training Courses, Services or Events;
- operate this website for the benefit of any other person, whether as an online service, outsourced service, comparison service or otherwise;
- remove, alter or add to any trade mark or copyright notice or similar marking applied to the Dietary Hawk website, content within this website, Dietary Hawk Training Courses, Services or Events.
Use of information and scope of practice
- By completing a Dietary Hawk Training Course you obtain the skill and knowledge required to safely manage consumer dietary requirements within a food service.
- Completion of a Dietary Hawk Training Course does not in any way make you qualified to offer nutrition, medical or health advice to any other persons.
- Dietary Hawk accepts no liability for any individual who engages in behaviours that are beyond the scope of their skills or knowledge and offers any form of nutrition, medical or health advice to any other persons.
- The information and material provided through this website is provided for general informational purposes only. It should not be used or relied on as medical advice or to diagnose, treat, cure or prevent any medical condition. Users access this website and rely on the information and material provided through it at their own risk.
Content:
- Dietary Hawk reserves the right at any time to change, remove or discontinue any feature or function of this website or Dietary Hawk Training Courses, Services or Events, either temporarily or permanently, with or without notice to users.
- From time to time Dietary Hawk may issue updates which add, modify and/or remove features from this website or Dietary Hawk Training Courses, Services or Events. These updates may be applied automatically with or without notice to users.
- These Terms will govern any updates provided by Dietary Hawk, unless the update is accompanied by separate terms and conditions in which case those terms and conditions will apply.
- Dietary Hawk may allow Users to post information to this website ("User Content") and retains the right to take down the User Content at its sole discretion and without notice.
- Users who post information on the Dietary Hawk website or any Dietary Hawk public forum grant Dietary Hawk a royalty free, non-exclusive, non-transferrable, limited licence to use, reproduce and communicate to the public the User Content and to sub-license other people to use and view the User Content. The User warrants that they are legally entitled to submit, upload, post or transmit the User Content to, on or through this website and have obtained all necessary licences, consents and approvals in relation to the user content (including intellectual property licences) to enable you to submit, upload, post or transmit the user content to, on or through this website and to permit Dietary Hawk and other people to deal with the User Content in accordance with the licences granted above.
Termination:
- Dietary Hawk has sole discretion to remove an individual or business from the Dietary Hawk database, website and any promotional materials if they:
- Breach these Terms in any way,
- Fail to uphold the values of Dietary Hawk,
- Act negligently, or
- Behave in a way deemed to be likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise detrimental to Dietary Hawk, its users and the general public.
Promotion Terms
- The Dietary Hawk name or logo must not be used in any press release, advertising or other promotional material without Dietary Hawk prior written consent.
- Written descriptions or artwork referencing or depicting Dietary Hawk must be approved in writing by Dietary Hawk prior to use.
- Publicly promoted events (including promotions online, on social media, on flyers or posters, or on television, radio, print and any other form of media) must be promoted as “Dietary Hawk” or “(Employee name) from Dietary Hawk”.
Dietary Requirements
- It is the responsibility of Training Course, Service or Event organisers to ensure that all dietary requirements are collected and provided to Dietary Hawk.
- All Persons acknowledge and agree that they must disclose to Dietary Hawk at least seven (7) days before a Training Course, Service or Event:
- all guest dietary requirements; and
- if a Person has been prescribed an EpiPen.
- Any Person that has been prescribed an EpiPen acknowledges and agrees to:
- bring their prescribed EpiPen to all Dietary Hawk Training Courses, Services or Events,
- ensure their EpiPen is in date and is immediately accessible at all times by Dietary Hawk agents and employees, and
- inform others around them of their EpiPen.
- If a Person does not bring their EpiPen to a Dietary Hawk Training Course, Service or Event, they should not participate in any part of the Training Course, Service or Event, involving food preparation, or consume any food, and if they choose to, they do so at their own risk. Dietary Hawk accepts no liability; and
- if a Person is unable to complete or take part in a Dietary Hawk Training Course, Service or Event as a result of not having their Epipen, they are not entitled to a refund from Dietary Hawk for any losses they experience and they may become liable for additional costs they may incur as a result of additional Training Courses, Services or Events.
- if a Person is unable to complete or take part in a Dietary Hawk Training Course, Service or Event as a result of not having their Epipen, they are not entitled to a refund from Dietary Hawk for any losses they experience and they may become liable for additional costs they may incur as a result of additional Training Courses, Services or Events.
Limitation of Liability
- You release and at all times indemnify and keep indemnified Dietary Hawk and its officers, employees, service providers and agents (referred to as Those Indemnified) from and against all actions, claims, proceedings and demands (including those brought by third parties) which may be brought against Those Indemnified, whether on their own or jointly with you and whether at common law, under tort (including negligence), in equity, pursuant to statute or otherwise, in respect of any loss, death, injury, illness or damage (whether personal or property, and whether direct or consequential, including consequential financial loss), arising directly or indirectly out of or in connection with:
- the attendance and/or participation (including consumption) at any Dietary Hawk Training course;
- Dietary Hawk Services (whether provided to or in conjunction with a third party); or
- any Dietary Hawk Event as the case may be.
- The indemnity will extend to all costs (including reasonable legal costs), damages and expenses incurred by Dietary Hawk.
- Despite any other term and to the maximum extent permitted by law, Dietary Hawk will not bear any liability to you for consequential loss including loss of profits, loss of business opportunities or loss of goodwill howsoever arising (including in negligence).
Waiver
- In consideration of being permitted to participate and/or attend Dietary Hawk Training Courses, Services or Events, to the extent permitted by law, the Person (as the case may be) hereby forever waives, releases, covenants not to sue, and discharge Dietary Hawk from any and all claims, actions, suits, demands, losses and other liabilities arising from and/or in relation to loss of property, any death, physical or mental injury resulting from or in connection with a Person’s attendance and/or participation (including consumption) in the Training (including but not limited to any allergic reaction) or the ordinary negligence of Dietary Hawk that the Person may have arising out of his/her attendance and/or participation in the Training.
- If a Person does not comply with Dietary Hawk’s Policies, they should not participate in Dietary Hawk Training Courses, Services or Events, and if they choose to participate, they do so at their own risk. Dietary Hawk accepts no liability whatsoever for the Persons participation in the Training.
Definitions and interpretation
- Training Courses refers to:
- Online dietary requirement training programs; and
- Face to face dietary requirement training programs.
- Services refers to:
- Consultancy services;
- Advisory services;
- Food education services; and
- Any professional nutrition, health and food service-related services.
- Events refers to:
- Private and public events hosted by Dietary Hawk, including but not limited to:
- Presentation,
- cooking demonstrations, and
- seminars.
- Private and public events hosted by Dietary Hawk, including but not limited to:
- Person refers to any:
- guests and/or individuals;
- parents and/or guardians of any individuals and/or guests; or
- members of the public;
that attend and/or participate in a Dietary Hawk Training session.
- guests and/or individuals;
- Dietary Hawk refers to Dietary Hawk Pty Ltd trading as Dietary Hawk.
- Terms and Conditions refers to these terms and conditions.