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. Competitions

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