Terms & Conditions

  1. Agreement
    1. These terms and conditions (last updated on 7 February 2017) (including these Website Terms of Use and Privacy Policy, together the “Terms”) are a legal agreement (the “Agreement”) between you (“you” and “your”) and Healthy Everyday Pty Ltd ACN 611 050 527 C/- PO Box 1933, Cairns Qld Australia 4870 (“we” or “us”) which applies to your use of the website (http://www.healthy-everyday.com.au/) (the “Website”) and any associated App and communications from us.
    2. If you do not agree to these Terms you should cease using the Website, any associated App and opt out of all associated communication from us.
    3. Unless contrary to law, we are not liable for any loss or damage, however caused or suffered by you in connection with this Agreement or your use of the Website or any associated App. For any guarantee stated by law, our liability for any breach of such guarantee may not be excluded, but may be limited to:
      1. in the case of supply of goods, replacing the goods or supplying equivalent goods or repairing the goods; or
      2. in the case of supply of services, supplying the services again or paying the cost of having the services supplied again.
    4. Before using our site, you should also familiarize yourself with our frequently asked questions and answers under the FAQs Page.
    5. We reserve the right to amend these terms and conditions from time to time. Amendments will take effect immediately upon notification on the Website. Your continued use of the Website implies your agreement to be bound by the updated terms and conditions.
    6. If a dispute arises regarding these terms of use, the laws of Queensland will apply and you agree to submit to the non-exclusive jurisdiction of the courts of Queensland.
    7. If any clause or part of a clause of these Terms are found to be illegal or unenforceable, that clause or part of a clause may be severed from the Terms and the remaining clauses or parts of the clause continue in force.
  2. Privacy Policy
    1. Healthy Everyday Pty Ltd is committed to protecting your privacy.
    2. Please refer to our Privacy Policy on our Website for information on how we collect, use and disclose personal information.
    3. You consent to your personal information being used for the purpose of us delivering information, products and services to you and otherwise allowing us to perform our Functions and Activities as defined in our Privacy Policy.
  3. Use of the Website
    1. downloading, copying, distributing or re-transmitting any part of the Website or any content on the Website (“Site Content”) without the written license or agreement of Healthy Everyday Pty Ltd;
    2. bypassing (or attempt to bypass) any security mechanisms imposed by the Website;
    3. using any data mining, robots or similar data gathering or extraction methods on any part of the Website or the Site Content;
    4. altering, adapting, modifying or manipulating any part of the Website or the Site Content, or manipulating or otherwise displaying the Website or the Site Content by using framing or similar navigational technology;
    5. posting or transmitting or permitting the posting or transmission of any material which contains a computer virus or other harmful data, code or material;
    6. exploiting the Website or Site Content for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person, including:
      1. the posting of advertisements, solicitations, promotional materials, “spam” or any other materials that are contrary to our commercial or lawful interests;
      2. access to the Website or its related services on another website;
      3. any use of the Website or its related services that we find, in our sole discretion, to use our resources or Site Content with the effect of competing with or displacing the market for Healthy Everyday Pty Ltd or Site Content;
    7. providing access or links to any material from the Website to individuals other than yourself;
    8. providing access or links to any material (including links to peer to peer network “trackers”) which may infringe the intellectual property rights of another person;
    9. deleting or altering or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website or Site Content;
    10. harvesting or collecting email addresses or personal information of other users;
    11. impersonating any person or entity, or posting or transmitting false or misleading material or make any form of misleading or deceptive representation;
    12. posting any material, or engaging in any behaviour, that is, or could reasonably be taken to be, predatory or intimidating, or in any way designed to solicit identifying information from anyone under the age of 18 years; or
    13. posting or transmitting any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind, or any material in contempt of any court or parliament, or encouraging any other person to do so.
    1. As a user of the Website, you are specifically prohibited from:
    2. You hereby represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, trade mark, copyright and intellectual property laws, the laws of privacy and publicity, applicable communications regulations and statutes those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the country in which you reside.
  4. Disclaimers
    1. No information contained in the Website or communications from us are to be used as medical advice and are not intended to be used to diagnose, treat, cure, or prevent any medical condition.
    2. Healthy Everyday Pty Ltd give no warranty that the Website and any nutritional and exercise information contained or linked therein (whether from third party sources or otherwise) is free from error, suitable for your purposes, or will deliver any particular result including, but not limited to, any weight management expectations you may have.
    3. Before relying on any information or recommendations on the Website or associated communications, you should carefully evaluate the accuracy, completeness and relevance of this information to you and your circumstances (including any pre-existing medical conditions and your state of health), and obtain appropriate advice from healthcare professionals wherever necessary.
    4. You acknowledge that you are solely responsible for following, or not following any advice, recipe or health or eating program and/or use any products or regime that we provide or recommend via the Website or communications and that Healthy Everyday Pty Ltd is not responsible for any injuries that you may suffer as a result of use of the Website or communications.
    5. To the extent permitted by law, we do not make any representations or warranties that any information of any form provided or made available by us is reliable, accurate or complete, and we make no guarantees of any specific result from use of the Website or communications or the information or services provided therein and we disclaim any and all liability in whatsoever form arising from any action taken or reliance by you on any information available on the Website or communications.
    1. The Website may contain links to other websites.
    2. Healthy Everyday Pty Ltd are not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy, completeness or for compliance with any laws, regulations or codes of conduct by Healthy Everyday Pty Ltd.
    3. You should read the privacy statements/policies and terms and conditions of any linked sites to satisfy yourself with such terms prior to using those sites.
    4. Inclusion of any linked website on the Website does not imply approval or endorsement of the linked website by Healthy Everyday Pty Ltd.
    5. By using the Website to search for or link to another site, you agree and understand that you will not make any claim against us for any damages or losses, however arising, which results from your use of the link to access another site.
    1. The Website is controlled and offered by Healthy Everyday Pty Ltd from its facilities in Australia.
    2. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
    1. Information
    2. Links:
    3. Third Party Sites:
      1. When you access these third-party sites, you do so at your own risk.
      2. Healthy Everyday Pty Ltd takes no responsibility for third party advertisements which are posted on this Website, nor does it take any responsibility for the goods or services provided by its advertisers.
    4. Technical Issues:
      1. Healthy Everyday Pty Ltd is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet, including any injury or damage to your or any other person’s computer related to or resulting from participation or downloading materials in connection with the Website.
      2. We disclaim all liability for any Website content that cannot be delivered due to technological malfunctions beyond our reasonable control.
    5. Territory:
  5. Product
    1. Please refer to our Website and FAQ’s for detailed product information and all nutritional information relevant to the products.
    2. You acknowledge that it is your responsibility to satisfy yourself with the ingredients and warnings to ensure that the products are in fact suitable for you or those receiving the meals.
    3. We disclaim all liability as a result of any errors, omissions or oversights associated with your product selection process.
    4. While we aim to provide up to date images of our products, they are indicative only and products delivered may differ in presentation and in accordance with seasonality of produce.
    5. Our products are perishable items and upon receipt, care must be taken to adhere to all guidelines in relation to food storage, preparation, best before and use by dates as marked on the packaging and in our FAQs.
    6. You agree to accept all liability and indemnify us for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise from your failure to comply with these guidelines.  If a product smells or tastes as if it is not fresh do not consume it and notify us immediately.
    7. If it is not contrary to law and it is reasonable and fair to do so, we limit our liability arising from any breach of warranty whether express or implied to:
      1. in the case of a supply of goods, us replacing the goods or supplying equivalent goods, or
      2. in the case of a supply of services, us supplying the services again or paying the cost of having the services supplied again.
    8. To the extent permissible at law, we will not be liable for Consequential Loss suffered or incurred by you in connection with this Agreement.
  6. Ordering
    1. You may order products on our Website by selecting items you wish to purchase and completing the checkout process.
    2. Refer to our FAQ’s on our Website for specific details regarding Ordering including minimum order quantity.
    3. If necessary, we may reject your order, in which case you will be notified and provided with a full refund.
    4. By completing your order, you acknowledge and accept your intention to purchase the items for the stated price and indemnity us against all claims and liability as a result of any act or omission directly or indirectly arising from ordering products on the Website.
    5. If your order is accepted, and payment received, we will deliver the ordered products to the nominated delivery address as specified in your order (provided it is within our Delivery Area). Note: only orders that have been paid for in full will be processed and delivered.
    6. You may cancel your order no less than 48 hours prior to the order cut off, however a cancellation fee of 10% of your order value will apply to cover the administrative costs associated with the cancellation and processing the refund.
    7. For high-rises and gated communities, unless you include specific instructions on how to enter the complex, such as a code or buzzer, or to leave your order at reception, or with a specific neighbor, your order will be delivered to the building or complex entry of the address provided. Once delivered, you assume all responsibility for the security of the order, even if you are not at home to receive the order.
    8. If the delivery cannot be made for any reason, the goods will be held in the refrigerated delivery van, and you will be contacted to arrange re-delivery as soon as possible.
    9. While we (and third party suppliers) will take all reasonable steps to ensure delivery is made on time, the delivery timeframes given by us are an estimate / guide only and are not binding on us.
    10. See below for further Delivery terms and conditions.
  7. Gift Voucher
    1. A Gift Voucher is not redeemable for other Gift Vouchers and is not redeemable for cash.
    2. The Gift Voucher code will not be replaced or refunded if lost.
    3. Gift Vouchers are valid for 6 months from date of purchase.
    4. Gift Vouchers will be emailed to the nominated recipient(s) at the email address provided by you.
    5. A Gift Voucher is void once it is expended or expires.
    6. By entering the Gift Voucher code at the checkout you authorise us to reduce the total value or Residual Value of your Gift Voucher by the value of the goods purchased.
  8. To Redeem:
    1. Select the items that you wish to purchase on the Healthy Everyday website, enter your Gift Voucher code and hit [APPLY] prior to proceeding to checkout. The Voucher value will be deducted from your total payable.
    2. Any residual value can be used for future orders until the Gift Voucher is fully expended or expires.
    3. If you wish to make a purchase for an amount that exceeds the available value of the Gift Voucher (whether that be the initial total value or any residual value), you will be required to pay the difference using another form of payment (Paypal or Credit Card).
  9. Payment
    1. Payment for online orders is made at the time of checkout. We use a secure payment gateway Stripe and accept VISA, MasterCard and Amex debit/credit cards.
    2. We take every precaution possible to protect your personally identifiable information. This includes the use of Firewalls and when purchasing from this site your financial details are passed through a secure server using the industry standard SSL (secure sockets layer) encryption technology.
    3. Orders will not be processed until payment is confirmed. We accept no responsibility for any fees or charges for overdrawn accounts, so please ensure you have funds available prior to ordering.
  10. A Healthy Subscription
    1. Valid credit cards and payment via PayPal are the only payment method(s) accepted for A Healthy Subscription. The charge for each Healthy Subscription shipment will be billed to the credit card or PayPal account used to create your Healthy Subscription Order or as otherwise directed by you. If we are unable to complete your Healthy Subscription order with the payment method you used to create your Healthy Subscription, the Healthy Subscription order will fail.
    2. The discounted meal price on Healthy Subscription orders is an introductory offer and is applicable to re-occurring Healthy Subscription orders only. Healthy Subscription orders cancelled and/or reinstated more than once within a one-month period (without reasonable excuse) will not be entitled to the discounted price and you will be accountable for the difference between the price paid (discounted price) and the price payable (standard price).
    3. We reserve the right to change or cancel the discounted price at any given time, and revert to the standard price. Should this occur, your Healthy Subscription order will be charged at the standard price from the next re-occurring order.
    4. Your Healthy Subscription will remain in effect until it is cancelled by you. You may cancel your Healthy Subscription at any time on our website in your customer Account login area. If we receive your request to terminate the Healthy Subscription after dispatching any order as part of the Healthy Subscription, your Healthy Subscription will be cancelled once that order has been delivered to you.
    5. Should any problems arise with your account, the shipping address or payment method associated with your Healthy Subscription order, which we are unable to otherwise resolve, we will notify you via e-mail with the details of the issue and what is required in order for it to be resolved. Pending resolution, your Healthy Subscription will be placed on hold and no additional orders will be processed or shipped.
    6. Due to the nature of the products and services that we offer, we require a minimum of 24 hours’ notice prior to order cut off to successfully cancel your Healthy Subscription order. To cancel your order please email orders@healthy-everyday.com.au. Please note a cancellation fee of 10% of your order value will apply to cover the administrative costs associated with the cancellation and processing the refund.
  11. Delivery
    1. Delivery is only available to residential and business addresses within our current Delivery Areas, as found in our delivery areas search function on our website. Orders outside of our Delivery Areas will not be processed.
    2. Delivery charges are as stated in our FAQ’s.
    3. Order cut offs and delivery days are as stated in our FAQ’s.
    4. Delivery timeslot options will be presented to you during the checkout process for you to make your selection.
    5. Once your order has been placed, you will receive an order confirmation email including confirmation of our ordered products, the price paid including shipping costs and your selected delivery day and timeframe.
    6. You cannot alter your delivery address or days.
    7. You must notify us within 24 hours of delivery if you have received an incorrect product or are missing a product.
    8. We will use best endeavours to deliver your order on the agreed day during the specified timeframes. However, should there be any delays which are out of our control, you will be notified and an alternative day/time arranged for delivery. Your order will be kept refrigerated at all times until delivered.
    9. We will deliver your order to the Front Door of Delivery Address.  If the Delivery Address is past a secure access point and access is not granted, the order will be left at the main entrance to the building.  If you specify a location for delivery that is not the front door or past a secure access point you agree to accept all liability and indemnify us for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of the delivery of your order beyond the front door.
    10. If you cannot be home to accept delivery we recommend that you nominate a cool, safe location for the products to be stored.  We do not recommend that products remain outside for lengthy periods of time.
    11. If there is someone present at the Delivery Address who receives the order, we will assume that they have the relevant authorisation to do so.
    12. For the purposes of this section, Front Door means the front door or other point beyond which entry to the interior of the building begins and for the purposes of a commercial property, multi-dwelling property or similar, front door means the entrance to that commercial property or multi-dwelling property and not the entrance of an individual suite, apartment, flat or otherwise.
    13. Risk and title in the products passes to you upon delivery to the nominated Delivery Address.
    14. We will use all reasonable care in providing this service to you.
    15. We will not be in breach of this agreement or liable for any failure or delay in the performance of our obligations under this agreement to the extent that the failure or delay is wholly or partially caused, directly or indirectly, by a Force Majeure Event or any act or omission of the Customer.
    16. Force Majeure Event means any occurrence or omission outside a party’s control and includes products not being available, any failure of a third party supplier or service provider, physical natural disaster, war or other state of armed hostilities, insurrection, riot, civil commotion, act of public enemies, national emergency, declaration of martial law, epidemic or quarantine restriction, confiscation, nationalisation, requisition, expropriation, prohibition, embargo, restraint or damage to property by or under the order of any government agency, law taking effect after the date of this agreement, strike, lock-out, stoppage, traffic delays, labour dispute or labour shortage.
    17. Should a public holiday affect your delivery day, you will be notified on the Website and in your order confirmation email.
  12. Cancellations, Refunds & Returns Policy
    1. Due to the nature of the products and services that we offer, we require a minimum of 48 hours’ notice prior to order cut off to successfully cancel your order. To cancel your order please email orders@healthy-everyday.com.au.
    2. Please note that Healthy Everyday Pty Ltd has no obligation to cancel your order and refund any money, it does so at its complete discretion.
    3. If you have received a delivery in error, you must contact orders@healthy-everyday.com.au as soon as practicable following receipt of the products. Failure to do so will confirm your acceptance of the products and you will be charged for them accordingly.
    4. If the delivery is rejected or refused, items will be held in our refrigerated transport and you will be contacted to make arrangements for redelivery within 48hours. Customers bare any costs associated with the refusal and return of any order, if applicable.
    5. If there has been a confirmed error by Healthy Everyday, we will refund payment accordingly.
    6. If it is the case where products are returned to Healthy Everyday, products and orders must be returned in their original condition.
  13. Gift Vouchers (Coming Soon)
  14. Refer a Friend
    1. When referring a friend by entering their email into our Refer a Friend webpage, the friend will receive an email from Healthy Everyday which will include a code to add to their first order.  For every friend that places an order using their code, the Referrer will receive an email with a code to use in next order, giving a $25 discount.
    2. Both the Friend code and Referrer code will require a minimum of 10 meals to be ordered to receive the discount.
    3. See below for further Discount Codes/Coupons terms and conditions.
  15. Discount Codes/Coupons
    1. Insert your discount code where indicated during the checkout process to redeem the discount.
    2. Any conditions relating to the use of discount codes will be specified at the time of issue.
    3. Discount codes are to be used only in accordance with the terms and conditions of issue.
    4. Should you misuse the discount code you may be liable for any extra payments that would have otherwise been payable had you not misused the discount code.
  16. Competitions

Competition Terms and Conditions are published separately at this page: www.healthy-everyday.com.au/competition-terms