These Terms and Conditions govern your access and use of our web application Food Recipes Nutrition
(https://frn.smbidigital.com.au) and related services (collectively, our “Web Service”).
This Web Service is owned and operated by Raul Ianchici ABN 91 885 022 521 trading as SMBI Digital (“we/us/our”).
By accessing or using the Web Service, you warrant and represent to us that you have read, understand and agree
to be bound by these Terms and Conditions, that you are over the age of 18 years and have the right,
authority and legal capacity to enter into a legally binding agreement and to abide by these Terms and Conditions.
You may only use the Web Service and the content on the Web Service for the designed purpose.
You agree that you will not use the Web Service to:
- commit or encourage a criminal offence;
- data mine;
- transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious,
technologically harmful, in breach of confidence or in any way offensive or obscene;
- hack into any aspect of the Web Service;
- corrupt data;
- cause annoyance to other users, or be disrespectful or discourteous to us or other users;
- infringe upon the rights of any other person's proprietary rights;
- send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
- attempt to affect the performance or functionality of any computer facilities of or accessed through this Web Service.
It is your responsibility to ensure that your conduct on the Web Service is compliant with all applicable laws and regulations. If you breach, or are suspected of breaching, any of these Terms and Conditions or any law (including but not limited to any law referenced in these Terms and Conditions) we reserve the right to terminate your account, prohibit you from using the Web Service for any period of time, and/or report your conduct to the police or any other relevant authority.
You are entitled to register for an account with the Web Service provided you comply with the eligibility criteria:
- you must be over the age of 18 years;
- you must have capacity to understand that you are making an account;
- you must have an existing Microsoft or Google account for login purpose;
- you must provide us the correct billing information;
- you agree to pay our invoices on time, according to the selected plan;
You may explore the service for free, without the need to register for an account, with the limitations imposed by the free service.
Professional paid plans are based on monthly subscriptions, depending on the number of users collaborating
in a private workspace referred to as scope. For individuals or small businesses, the scope might represent
the organization itself with all the products in one place. For large companies a scope might be used for a specific project or department.
Each scope is private, being visible only to the users registered to that scope.
The user who registers the scope becomes the default administrator (or superuser) for that scope
and based on the number of chosen user licenses can register more users to the scope.
Enterprise plans offer the possibility to register for a dedicated instance of the whole application and database, which offers the organization full admin control over the scopes, users and application data.
If you register for a paid subscription under Professional Plan, we will send you the invoice for the first month,
according to the number of users selected during registration and we will activate your plan.
All subscription fees are calculated and invoiced in Australian Dollars (AUD).
Following invoices will be issued monthly. You can request cancellation of your subscription at any time
but will become effective from the next invoicing date. No refunds will be given if your registration is terminated
for any reason during a particular month, except if we cannot provide our online services.
Enterprise plan fees and terms will be discussed based on the specific company needs and all aspects will be included in a separated contract.
You may terminate your professional subscription plan by requesting cancellation anytime,
by using the cancellation request option in your account. The cancellation will become effective from the next invoicing date.
After cancellation, we will keep the data associated with your subscription scope for another 30 days.
If you choose to reactivate your account during this time, you will regain access to all your data.
After that, all data associated with your subscription scope will be deleted permanently.
You can reactivate a cancelled subscription for 30 days following cancellation,
by emailing us a request at admin@smbidigital.com.au
After that the subscription cannot be reactivated, and you must register for a new one.
If you create an account with us, you are using your existing Microsoft or Google account,
so you don't need to create other credentials with us. We do not have access to the passwords
associated with your Google or Microsoft account. You are responsible for maintaining the confidentiality and security
of your account, including your email address and password and you further acknowledge and agree that you will
not disclose these details to any person not duly authorised by you.
We will handle your personal information in accordance with our Privacy Policy.
We strongly recommend that you never give out your bank details or other financial information
through the Web Service or anywhere else on the internet.
When you create your own foods, or recipes using our service you will retain full intellectual property rights for them.
We are storing the data using secure databases provided by certified cloud service providers and we are not using that data
for other purpose than providing you with the services.
When you upload data to the Web Service, you are representing and warranting to us that you are the owner
of the intellectual property rights or are otherwise duly authorised to share the intellectual property.
You agree that you will not breach any third-party intellectual property rights by using the Web Service.
You are not permitted to download, republish, copy, use for resale, or use the intellectual property
for any purpose other than the specific purpose for which the intellectual property has been provided.
From time to time, we may use cookies. Cookies are small files stored on your computer or device
that help the Web Service to run properly, or improve your browsing experience. These cookies may be used for purposes
such as analysing Web Service traffic, personalising content, and serving targeted advertisements.
You have the option to disable cookies in your browser settings; however, please note that certain features
of the Web Service may not function properly if cookies are disabled.
While we aim to update the Web Service regularly, we do not make any representation or warranty as to the accuracy,
completeness, currency or reliability of the information contained on the Web Service.
We are using food and recipes information in public domain obtained from third parties which are not controlled by us.
We reserve the right to restrict access to parts of the Web Service or the entire Web Service, change or withdraw any items,
information or content features on this Web Service without notice.
We are not responsible for the accuracy of items such as foods, recipes and labels you create with our service.
Our service provides you the tools, but it is your responsibility to check the accuracy and compliance of your items.
We are using major cloud service providers to host our application and data on secure servers,
and we take all reasonable actions to protect your data. However, to the maximum extent permitted by law,
we exclude all liability (including for negligence) to you or anyone else in respect of any loss
or damage (including special, indirect or consequential loss or damage such as loss of revenue,
unavailability of systems or loss of data) arising from or in connection with any use of the information
on or access through the Web Service including if for any reason the Web Service is unavailable at any time or for any period.
You must notify us by email if you notice any issues with the service or data and we suggest you have a backup copy
of critical foods and recipes created on our service.
In the event of our service not being available online for more than 24hours, since you notified us about such event,
we will deduct from the next invoice any subscription fees for the number of days when the service is not available online.
To the maximum extent permitted by law, we will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic) however caused and whether in contract, tort or otherwise, which may result directly or indirectly from any such information, by a distributed denial-of-service attack or by any malicious or harmful programs, scripts or technologies that may affect the Web Service, system failures or any other harmful material that may affect your computer, device, programs, data or other proprietary material; you agree to release us from any such liability.
We reserve the right to make changes to the Web Service and these Terms and Conditions at any time and without notice to you. It is your responsibility to regularly check the Web Service in case there are any changes made. Continued use of the Web Service following any change to these Terms and Conditions will be deemed acceptance of these changes.
Any failure by us at any time to enforce these Terms and Conditions or our rights will not be a waiver of such rights
or affect the validity of these Terms and Conditions.
If any provision of these Terms and Conditions becomes void or unenforceable, it will be severed from these
Terms and Conditions without affecting the enforceability of the other provisions which will continue to have full force and effect.
These Terms and Conditions are governed by the laws of Queensland, Australia and each party irrevocably and unconditionally
submits to the non-exclusive jurisdiction of the courts of Queensland, Australia.