Terms & Conditions

Terms and Conditions

1. General

  1. By installing the Application and each time that You first download, install, view, display, use (“Access”) the Application, You agree to be bound by these Terms of Use. You must not do anything with this Application which is not expressly permitted by these Terms of Use.
  2. We may at any time for any reason and without notice modify, suspend, withdraw or terminate operation of or access to the Application including any functionalities. We may also upgrade the Application for fixes, and to add support for new functions or services.
  3. We may change these Terms of Use from time to time. We suggest that You check these Terms of Use for any changes. Your continued use of the Application following any changes will mean that You accept and agree to the updated version of these Terms of Use.

2. Conditions of using application

  1. As long as You comply with these Terms of Use We grant You a personal non-exclusive, non-transferable free revocable licence to use the Application for Your personal use in accordance with these Terms of Use.
  2. Except as expressly provided in these Terms of Use, no part of the Application and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way, or used for any commercial purpose without Our prior written consent. We reserve the right to restrict and reduce the volume of data being stored by the app for any one user.
  3. You will not, nor allow third parties on Your behalf to: (i) make and distribute copies of the Application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or (iii) create any kind of derivative works of the Application.
  4. You will be responsible for any third party fees and charges incurred by You in relation to accessing the Application.

3. Proprietary rights

  1. All intellectual property rights in the Application are either owned or controlled by Strayan or the third party licensing Strayan to use their Content.

4. Security

  1. By using the Application You agree that We may collect anonymised data and related information about Your use of the Application including shopping lists and technical information and preferences about Your device, system and application software. We collect this information to provide You with the functionalities of the Application and to optimise Your user experience including to better understand Your requirements and preferences for using the Application and to facilitate the provision of updates.
  2. If You choose to register when using the Application, we may also collect Personal Information about search history and shopping lists linked to Your account. This information may be used by Us and shared with Strayan and related entities for purposes that include administering, improving, and personalising our products and services. You can find more details in the Strayan privacy policy at https://www.strayan.net.au/legal/.
  3. You are responsible for maintaining the confidentiality of the information You hold for Your account, including Your password, and for any and all activity that occurs under Your account as a result of Your failing to keep this information secure and confidential. You must immediately notify Us of any unauthorized use of Your account or password, or any other breach of security.

5. Third party terms

  1. In this section, “Google” refers to Google Inc. with principal place of business at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States and “Apple” refers to Apple Inc. with principal place of business at 1 Infinite Loop, Cupertino, California, USA, 95014.
  2. This agreement is between You and us only and You agree that:

a) Apple and Google have no responsibility for Strayan or its contents;

b) Apple and Google have no responsibility whatsoever to furnish any maintenance and support services for Strayan;

c) Apple and Google have no responsibility for any warranties (whether express or implied) or claims, whether brought by You or by third parties, relating to or arising from supply of the Strayan App (including Strayan liability claims, claims that Strayan fails to conform with any applicable legal or regulatory requirement and claims arising under consumer protection or similar legislation);

d) Apple and Google have no responsibility for the investigation, defence, settlement and discharge of any third party intellectual property infringement claim in respect of the contents of the Strayan App; and

e) Apple and Google and each of its subsidiaries are third party beneficiaries of this agreement and, upon Your acceptance of this agreement, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this agreement.

f) You also represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and that You are not listed on any U.S. Government list of prohibited or restricted parties.

7. Products, prices, nutrition and ingredients

  1. We do not warrant that all products for sale in Australia are listed on the app. We collate data from many sources, and our goal is to have as many products as we can indexed.
  2. Products on the Application are subject to change at any time and without notice. While we will use our reasonable commercial endeavours to update the information available on the Application, it may be out of date from time to time.
  3. Whilst every care has been taken to ensure the accuracy of the data, no warranty of this accuracy is provided. Some data required by the Application has been estimated to enable ranking of products. Seasonally, ingredients can change.
  4. The information should be used as a guide only and should not be relied upon as a substitute for professional advice. Strayan and related entities are not liable for any loss or damage You suffer arising out of the use of or reliance on the information, except that which cannot be excluded by law.
  5. The information contained within this Application is for general information purposes only.
  6. When You Access Strayan You may view food product information and associated alternatives which may be of interest to You and Your family. In relation to such information, You acknowledge and agree that: Any information:

a) is provided “as is”; 

b) does not take into account Your individual circumstances and is general information only; 

c) has been compiled based on the data provided by the manufacturer in most cases, or provided by other Strayan users with photographic proof of the origins on the packaging. As the information is provided by third parties we may not be in a position to verify this information. We do not warrant that any such information is true or accurate and we exclude all liability in respect of the accuracy, completeness, fitness for purpose or legality of that information;

d) has been provided on the basis that all persons using Strayan undertake the responsibility for assessing the accuracy and relevance of its information for their personal circumstances and that they rely on it entirely at their own risk. You are free to ignore the associated alternatives. It is Your responsibility to check that the alternative offerings are acceptable to You; and 

e) should be used as a guide only and should not be relied upon as a substitute for professional advice.

f) Manufacturing recipes change from time to time. We make no warranties or representations regarding the completeness or accuracy of the information or any recommendations and are not liable for any loss or damage (financial or otherwise) You or Your family suffer arising out of the use of, or reliance on, the information, except that which cannot be excluded by law. The information may be updated, altered or removed, from time to time, at any time, without notice to You.

8. Customer Submitted Products / Reviews / Information

Strayan welcomes your submissions for new products to be shown in our app. However, You acknowledge that if You submit any reviews, comments or other information, (collectively, the “Information”), you grant Strayan the irrevocable, perpetual right to use, alter, publish or delete the Information for any purpose whatsoever without compensation to You or the provider of the Information. Notwithstanding, Strayan disclaims all liability for reviews and comments posted by users in the Strayan App.

As a user of the Strayan App, You are responsible for your own communications. Therefore, do not do any of the following things:

  • transmit to us material that is copyrighted, unless You are the copyright owner or have the permission of the copyright owner;
  • send material that reveals trade secrets, unless You own them or have the permission of the owner;
  • send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
  • send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity;
  • intentionally or unintentionally violate or encourage conduct that would violate any local, state, or federal law;
  • attempt to breach the security of the Strayan App;
  • send advertisements or solicitations of business;
  • send chain letters or pyramid schemes; or impersonate another person.

Strayan reserves the right to delete your user account and to prevent You further access to the Strayan App for violating these Terms and Conditions terms or the law. The violation of any of these Terms and Conditions shall result in the immediate revocation of your right to access or use the Strayan App.

We do not pay customers for reviews, nor do we reward reviewers based on whether their written analysis is positive or negative. Rather, we publish full and complete reviews from individuals without alteration except to remove personally identifying information. We may elect not to publish reviews that contain inappropriate or irrelevant content. Strayan is not responsible for any of the reviews or comments posted on the Strayan App. Strayan does not share the opinions, views, or commentary of any testimonials on the Strayan App, which are strictly the views of the reviewer. 

9. Limitations of liability

  1. Except where prohibited by law, We will not be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of Your use of or access to the Application, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort, product liability or otherwise.
  2. We are not liable to You for any damage or alteration to Your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.

10. Disclaimer of warrants

  1. Other than those implied by law and which cannot be excluded the Application is provided “as is” and “as available” without warranty of any kind. We will use reasonable efforts to make the Application available at all times, however the quality and availability of the Application may be affected by factors outside Our reasonable control such as Your internet connection or other network issues.
  2. To the maximum extent permitted by law We disclaim all express and implied warranties with regard to the Application including accuracy, merchantability and fitness for particular purpose.

11. Effects of termination

  1. Upon any termination, the rights and licenses granted to you will immediately terminate and You must cease using the Application.

12. Governing law

  1. These Terms of Use will be governed by and construed according to the law of Victoria, Australia and the parties submit to the jurisdiction of the courts of Victoria, Australia**.**

13. Definitions

In these Terms of Use:

  1. “Application” means the application provided by Us relating to products and services We offer and any upgrades and other software enabling use of the Application. References to “Strayan” are references to the Strayan iPhone, Android and Web applications
  2. “Content” means all copyright, database rights text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, software code and the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content and other intellectual property rights.
  3. “Terms of Use” mean these terms and conditions governing Your use of the Application.
  4. “Us” or “We” or “Our” means Get Strayan Pty Ltd, ACN: 645 040 651 and related entities.
  5. “You” means the person to which the device is registered or the person authorised to use the device, upon which the Application is installed.

Changes to these Terms & Conditions

If we decide to change these terms and conditions, we will post those changes on this page. Summary of changes so far:

2020-01-17: Initial document