Welcome to the Terms of Service and Conditions that govern your use of the services provided by Grox Pty Ltd at http://foodditive.com, http://foodditive.com.au, and elsewhere through its Foodditive product.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES DESCRIBED BELOW. BY CLICKING THE “I ACCEPT” BOX ON THE SIGN-UP PAGE DURING YOUR ACCOUNT CREATION OR REPLYING TO YOUR ACCOUNT INVITATION EMAIL, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST DISCONTINUE YOUR ACCOUNT CREATION AND WILL NOT HAVE ANY RIGHT TO USE THE SERVICES. GROX’ ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY GROX, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

The Web pages available at http://foodditive.com and all linked pages and all distributed communication platforms or bots operated by Foodditive (“Site”) are owned and operated by Grox Pty Ltd. (referred to herein as “Company”), and are accessed by you (“Subscriber” or “you”) under the following terms and conditions.

1. ACCESS TO THE SERVICES.

Subject to the terms and conditions of this Agreement, Company may offer to provide certain services and content, as described more fully on the Site or in other messaging to You, and which are selected by Subscriber through the process provided on the Site or in messages to You (“Services”). Services shall include all Company services that help people find information on food additives, discuss food additives and allergies, connect to other people based on profile information or usage of Services, and that connect people to content or functionality that might be useful or relevant, as well as the offering of any materials displayed or performed on the Site or conveyed in communications from the Company or its affiliates (including, but not limited to text, graphics, articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) on the Site. Company may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature, database, or content. Company may also impose limits on certain features and services or restrict Subscriber’s access to parts or all of the Services without notice or liability.

Subscriber certifies to Company that Subscriber is an individual (i.e., not a corporation) and that Subscriber is of legal age to form a binding contract. Subscriber also certifies that it is legally permitted to use the Services and access the Site, and takes full responsibility for the selection and use of the Services and access of the Site. Without limiting the foregoing, if you are under the age of 13, you are not allowed to use the Service. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.

Company reserves the right, at its discretion, to modify the Agreement by posting a notice on the Site, or by sending Subscriber a notice via email, IM, SMS, or postal mail. Subscriber shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by Subscriber following such notification constitutes Subscriber’s acceptance of the terms and conditions of this Agreement as modified.

2. CONTENT.

Subscriber may download or copy the Content, and other items displayed on the Site or otherwise messaged to the user for download, for personal use only, provided that Subscriber maintains all copyright and other notices contained in such Content. Subscriber shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content’s copyright notice.

The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Subscriber may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. Subscriber shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.

In the course of using the Service, Subscriber and other users may provide information about themselves which may be visible to certain other users. Subscriber understands that by posting information or Content on the Company Site or otherwise providing information or Content, materials or information to Company or in connection with the Service, Company is hereby granted a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable right to fully utilize in any manner such Content, materials and information (including all related intellectual property rights) and to allow others to do so. Furthermore, Subscriber understands that Company retains the right to reformat, excerpt, or translate any materials, Content or information submitted by Subscriber. Subscriber understand that all information publicly posted or otherwise publicly or privately transmitted through the Company Service is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any content. Subscriber understands that Company cannot guarantee the identity of any other users with whom Subscriber may interact in the course of using the Company Service. Additionally, Company cannot guarantee the authenticity of any data that users may provide about themselves. Subscriber acknowledges that all Content accessed by Subscriber using the Services is at Subscriber’s own risk and Subscriber will be solely responsible for any damage or loss to any party resulting therefrom.

3. SUBSCRIBER WARRANTY.

Subscriber warrants, represents and agrees that it will not contribute any Content or otherwise use the Site or the Services in a manner that (i) infringes the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) Subscriber should know is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable. Company reserves the right to remove any Content from the Site at any time or to modify the content of conversations between users connected through Services in any manner, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that Subscriber may have breached the immediately preceding sentence), or for no reason at all. Subscriber, not Company, remains solely responsible for all Content that Subscriber uploads, posts, e-mails, transmits, or otherwise disseminates using, or in connection with, the Services.

4. RESTRICTIONS.

Subscriber is responsible for all of its activity in connection with the Services and accessing the Site. Subscriber may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Company user. Subscriber shall not use any part of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity. Subscriber will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Site or in communication with the Site or Services, or use processes that run or are activated while the Subscriber is not logged on or that otherwise interfere with the proper working of or place an unreasonable load on the Service infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site or “bots” to interact with Services is strictly prohibited.

5. WARRANTY DISCLAIMER.

Subscriber acknowledges that Company has no control over, and no duty to take any action regarding: which users gain access to the Site or Services; what Content Subscriber accesses via the Site or Services; what effects the Content may have on Subscriber; how Subscriber may interpret or use the Content; or what actions Subscriber may take as a result of having been exposed to the Content. Subscriber releases Company from all liability for Subscriber having acquired or not acquired Content or other information through the Site or other Company communications with the Subscriber or any brokered communications between the Subscriber and any other user or users. The Site may contain, or direct Subscriber to sites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Site, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO SUBSCRIBER.

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR THROUGH THE SERVICES OR ANY WEB-SITE LINKED TO THE SITE OR CHANNEL OTHERWISE CONNECTED TO THE SERVICES. Company will not be liable for the privacy of e-mail addresses, registration and identification information, profile or social graph information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with Subscriber’s use of the Services.

6. OTHER POLICIES.

For information regarding Company’s treatment of personally identifiable information, please review Company’s current privacy policy. If Subscriber believes that material or content residing on or accessible through the Site or Services infringes a copyright, please review Company’s Copyright Dispute Policy.

7. REGISTRATION; SERVICE COMMUNICATIONS.

As a condition to using Services, Subscriber may be required to register with Company and select a password and Subscriber name (”Company User ID”). Subscriber shall provide Company with accurate, complete, and updated registration and ongoing profile information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Subscriber’s account. Subscriber may not (i) select or use as an Company User ID a name of another person with the intent to impersonate that person; or (ii) use as an Company User ID a name subject to any rights of a person other than Subscriber without appropriate authorization; or (iii) communicate with the Services from the email, IM, telephone, social network, or other messaging account of any other user. Company reserves the right to refuse registration of, block communication from, or cancel a Company User ID in its discretion. Subscriber shall be responsible for maintaining the confidentiality of Subscriber’s Company password and security of any accounts that are authenticated to communicate with Services.

In the course of providing you Services, Company may need to communicate with you via email, IM, social network messaging, SMS, or other channels (collectively “Communication Channels”). You agree to receive messages and to have messages sent by you redirected which are specific to your account and necessary for the normal functioning of the Company Service. You also agree to have your name, profile details, and/or contact details listed in certain communications that you initiate through the Company Service.

8. INDEMNITY.

Subscriber will indemnify and hold Company, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of Subscriber’s access to the Site, use of the Services, the violation of this Agreement by Subscriber, or the infringement by Subscriber, or any third party using the Subscriber’s account, of any intellectual property or other right of any person or entity.

9. LIMITATION OF LIABILITY.

IN NO EVENT SHALL COMPANY BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES (I) FOR ANY AMOUNT IN EXCESS OF THE AGGREGATE FEES PAID BY SUBSCRIBER FOR SUCH SERVICES; OR (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR FOR THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO SUBSCRIBER.

10. FEES.

Some of the Services may require payment of fees. Subscriber shall pay all applicable fees, as described on the Site in connection with such Services selected by Subscriber. Company reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to Subscriber, which may be sent by Communication Channels or posted on the Site. Use of the Services by Subscriber following such notification constitutes Subscriber’s acceptance of any new or increased charges.

11. TERMINATION.

Either party may terminate the Services at any time by notifying the other party by any means. Company may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if Subscriber breaches any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable. Upon termination of the Subscriber’s account, Subscriber’s right to use the Services, access the Site and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

12. MISCELLANEOUS.

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Subscriber except with Company’s prior written consent. Company may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of New South Wales, Australia without regard to the conflict of laws provisions thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Subscriber does not have any authority of any kind to bind Company in any respect whatsoever.