Terms and Conditions

This website and mobile application (App) is operated by Halth Pty Ltd (ABN: 80 636 219 997)(we, our or us). These terms and conditions (Terms) are between us and you, the person using the App.

Disclaimers

Medical Information: You agree that any information contained on the App and any materials provided with our Subscription or Add On (collectively Materials) are provided for general information purposes only and do not take into account your personal circumstances. The Materials are not intended to be advice and they are not intended to be a substitute for professional medical advice. Our products are not intended to diagnose, treat, cure, or prevent any disease or condition and you are solely responsible for determining the suitability of our products for your circumstances and your reliance on the Materials is at your own risk. If you have an existing health condition or you are pregnant, we recommend you consult a medical professional before using our products. Use of our products and/or the Materials does not establish a doctor-patient relationship.

We may engage with health care professionals, including, without limitation, dietitians, nutritionists, nurses, nurse practitioners, health coaches, life coaches and therapists. None of these health care professionals will provide health care services to you and they should not be considered to be in a physician-patient, clinical or treatment relationship with you.

Nutritional Information: The nutritional information on the App is general in nature. If you have a medical condition, are currently taking medication, pregnant, under any disability or have food allergies, sensitivities or intolerances, you should ask for the opinion of an appropriate health care provider (including dietitian) before making any changes to your nutritional intake.

Exercise Information: The exercise information on the App is general in nature and you should consult with an appropriate health care professional prior to beginning any exercise program. When undertaking any exercise activity, there is a risk of injury or illness (including as a result of an underlying medical condition or pregnancy). Although we try to outline the safest and most effective methods of fitness training, we cannot prevent injuries from occurring. You should be familiar with the proper form, techniques and preparation for the exercises you undertake and the equipment you use before undertaking any exercise or exercise program. If you are unfamiliar with the proper and safe techniques and equipment for the exercises you intend to perform, please seek advice and assistance. If you have a medical condition, you are pregnant or under a disability, ask for the opinion of your health care provider and, where so advised, exercise only under qualified supervision. The exercise information on the App is of a general nature only and does not take into account any lifestyle factors or conditions specifically relevant to you. Discontinue exercising if you experience any headaches, dizziness, shortness of breath, or discomfort and consult a health care provider.

Our Disclosures:

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:

Our liability under these terms is limited to the price paid by you for the Subscription and Add On, the subject of the relevant claim, and we will not be liable for consequential loss;

We will have no liability for loss of, or damage to, the products, any injury or loss to any person, failure or delay in providing the Subscription or Add On or a breach of the Terms or any law, where such loss was caused or contributed to by any event or circumstance beyond our reasonable control or act or omission of you or your related parties;

To the maximum extent permitted by law, the Fees are non-refundable;

We may amend these Terms at any time by publishing updated terms on the App; and

We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the App or for featuring certain products or services on the App.

Nothing in these terms limit your rights under the Australian Consumer Law.

Use of the App

You accept these Terms by registering an account via the App.

You must not use the App and/or place an order for products through the App unless you are at least 12 years old.

When using the App, you must not do or attempt to do anything that is unlawful or inappropriate, including:

anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
using the App to defame, harass, threaten, menace or offend any person;
using the App for unlawful purposes;
interfering with any user of the App;
tampering with or modifying the App (including by transmitting viruses and using trojan horses);
using the App to send unsolicited electronic messages;
using data mining, robots, screen scraping or similar data gathering and extraction tools on the App; or
facilitating or assisting a third party to do any of the above acts.

Accounts

You must download the App and sign-up for a Subscription to access the functionality of the App or to purchase products from us.

You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.

It is your responsibility to keep your account details confidential (including your password). You are responsible for all activity on your account, including purchases made using your account details.

Add On

You may order additional one-off products on the App (Add On). Any Add On ordered through the App is an offer by you to purchase a particular product or products for the price notified in the App (including the delivery fees and other charges and applicable taxes) at the time you place your order.

We may, at our absolute discretion, accept or reject an Add On order. We will endeavour to notify you of a rejection at the time of the Add On order or within a reasonable time thereafter. Once we accept an Add On order, a binding agreement is formed for the supply of products to you in accordance with these Terms.

It is your responsibility to check the Add On order details, including selected products, delivery details and pricing, before you submit your Add On order through the App.

When you purchase an Add On and your payment has been validated, we will provide you with a confirmation email.

Please be aware that some of the Add Ons sold through the App may not be suitable for children under 18 years old. Please take extra care when ordering products for children under 18 years old.

Certain Add Ons may be provided by a third party. To facilitate the purchase of a third party Add On, your data may need to be transferred to the third party.

Subscriptions

When you sign-up to the App you may choose a free or paid subscription (Subscription). The Subscriptions and Fees (if applicable) are set out in the App.

If you choose a free Subscription, it will continue until you cancel in accordance with these Terms.

If you choose a paid Subscription, you will need to select a monthly or annual subscription period (this is your Subscription’s Billing Cycle). At the end of each Billing Cycle your Subscription will automatically extend for a further Billing Cycle, unless you or we terminate these Terms in accordance with these Terms.

You agree that we may amend the Subscriptions (including any features) or the Subscription fees at any time, by providing written notice to you and you accept the amendments to the Subscriptions or the Subscription fees by continuing to use the App after the notice or 30 days after the notice (whichever date is earlier). If our amendments to the Subscriptions are material and you can demonstrate that the amendment causes you material detriment, you may terminate these Terms in accordance with these Terms.

Fees and payments

Add On

You must pay us the purchase price for each Add On you order plus any applicable taxes and delivery costs based on the delivery options selected by you as set out on the App in accordance with this clause.

Subscription

The Subscription fee is payable on the date you subscribe to any paid Subscription and then in advance of the next Billing Cycle for your Subscription (Payment Date). In some cases, your Payment Date may change, for example, if payment is unable to be processed or if your Subscription began on a day not contained in a given month, or if your Payment Date falls on a weekend or public holiday (in which case you will be charged on the next working day).

Subscriptions automatically renew for periods of the same length as your current Billing Cycle, unless you cancel your Subscription in accordance with these Terms.

If you adjust your subscription to a different tier with a different fee (as set out on the App), then the Subscription fees will be changed to the new fee for all future payments from the next Subscription’s Billing Cycle, unless you amend, suspend or cancel your subscription in accordance with these Terms.

If you do not pay the Subscription fee on a Payment Date, we will notify you, then suspend your paid Subscription. You will still have access to the App through a free Subscription. If you rectify such non-payment within a reasonable time after your paid Subscription has been suspended, then we may, at our discretion, recommence the provision of your paid Subscription features as soon as reasonably practicable.

To downgrade your Subscription, you must notify us via the email set out at the bottom of these Terms. When you downgrade your Subscription, the downgrade will take effect on the next Payment Date. You will continue to receive the benefit of your previous Subscription up until the date that the downgrade takes effect.

Once paid, Subscription fees are non refundable and we do not refund Subscription fees for unused parts of subscriptions or for cancellations part way through a Billing Cycle.

General

In these Terms, the price means the Subscription fee and Add On purchase price (Fees).

You agree to pay us the Fees, and any other amounts payable to us under these Terms, without set-off or delay as set out in the App.

You must not pay, or attempt to pay, the Fees by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.

The payment methods we offer are set out on the App. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.

Where you order an Add On for delivery outside Australia, you may need to pay custom charges or taxes in addition to the Price.

We may from time to time issue promotional discount codes for certain products on the App.

To redeem the promotional discount code, you must enter the code into your account, and the discount will be applied to your next order.

The conditions of use relating to promotional discount codes will be set out on the App. We may also from time to time run competitions on the App or on social media. These competitions are subject to terms and conditions which will be made available on the App at the time of the competition.

Delivery, title and risk (applicable only where you purchase Add Ons)

If possible we will deliver the products to the delivery address you provide when making your order. We deliver Australia wide (unless our delivery company does not deliver to your area).

Delivery costs are set out on the App and are to be paid in addition to the Fees.

For Add Ons that are required to be sent back or to a third party (e.g. diagnostic sample kits), the delivery return costs will be included in the delivery cost set out on the App. If you lose the label to return an Add On, we will not be liable for any additional delivery return costs.

If you need to change the delivery day or delivery address, please notify us immediately in writing.

We deliver the products using a range of delivery methods. If neither you nor your authorised representative is at the delivery address to accept delivery, you agree that we may leave the products at your premises.

Title to the products will remain with us until we have delivered the products to your delivery address. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.

Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order.

Returns (applicable only where you purchase Add Ons)

We do not accept returns for change of mind or other circumstances.

You may have rights under the Australian Consumer Law (see below) in addition to this clause.

Termination

You may terminate your account and these Terms at any time by notifying us via the email set out at the bottom of these Terms.

You agree that other than where termination is due to our breach of these Terms or where you have terminated in accordance with clause 4(d), and to the maximum extent permitted by law, any payments made by you to us (including any Fees) are not refundable to you.

These Terms and your Account will terminate immediately upon written notice by us, if you breach any provision of these Terms and that breach has not been remedied within 5 Business Days of being notified by us.

Intellectual property

All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the App, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.

We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used.

You must not use Our Intellectual Property for commercial purposes, including, for example, to advertise your own business, for re-sale, or for any other revenue generation activity.

You must not, without our prior written consent:

copy, in whole or in part, any of Our Intellectual Property;
reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
breach any intellectual property rights connected with the App or the products, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.

Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:

you do not assert that you are the owner of Our Intellectual Property;
unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
you comply with all other terms of these Terms.

Content

We encourage you to interact with the App and with us on social media! You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on the App. We may run campaigns via the App and via social media that encourage you to post User Content on social media using specific hashtags (#) (Tag).

If you make any User Content available on or through the App, including on social media using a Tag, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the App and our social media platforms. We agree to only modify User Content to the extent reasonably required by us.

You agree that you are solely responsible for all User Content that you make available on or through the App, including on social media using a Tag. You represent and warrant that:

you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of the App (including on social media) will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We strive to be a valuable resource of information for our users. However, we cannot ensure and do not represent or warrant that the User Content provided is exhaustive or complete on every subject or that it will necessarily include any or all of the most recent information available on a particular topic. The User Content on the App is general in nature and provided for informational purposes only. You are encouraged to review it with a health care provider. We make no representation that we will update or keep updated information made available through the App.

We may display some content that is not created by us including, without limitation, articles from third parties and posts from other users in interactive forums, chat rooms, blogs, news groups, bulletin boards and other interactive areas, which may represent different points of view, opinions, recommendations and other information.

We do not endorse or approve, and are not responsible for, any User Content or content created by relevant third parties. We may, at any time (at our sole discretion), remove any User Content.

Collection Notice

This Privacy Collection Notice describes how we collect and handle your personal information when you download the App or create an account with us. We collect personal information from you so that we can deliver the App to you or set up an account for you and for related purposes set out in our Privacy Policy, available at: https://www.halth.com/privacy-policy.

We may disclose this personal information to third parties, including related entities, any third parties engaged by us and acting on our behalf and as otherwise set out in our Privacy Policy (linked above).

While we store personal information in Australia, where we disclose your personal information to the third parties listed above, these third parties may store, transfer or access personal information outside of Australia.

If you do not provide your personal information to us, it may affect your ability to use the App.

Please see our Privacy Policy (linked above) for more information about how we collect, store, use and disclose your personal information, including details about overseas disclosure, access, correction, how you can make a privacy-related complaint and our complaint-handling process.

If you have questions about our privacy practices, please contact our Privacy Officer by email at: accounts@halth.com or by post at PO 89 Mosman, NSW 2088 Australia. By providing your personal information to us, you agree to the collection, use, storage and disclosure of that information as described in this privacy collection notice.

Your Data

You own all data, information or content you upload into the App (Your Data). Note that Your Data does not include the Analytics (as described below).

You grant us a limited licence to copy, transmit, store, backup and/or otherwise access or use Your Data to:

communicate with you (including to send you information we believe may be of interest to you);
supply the App and our services to you and otherwise perform our obligations under these Terms;
diagnose problems with the App;
enhance and otherwise modify the App;
perform Analytics;
develop other services; and
as reasonably required to perform our obligations under these Terms.

Despite anything to the contrary, we may monitor, analyse and compile statistical and performance information based on and/or related to your use of the App, in an aggregated and anonymised format (Analytics).

We, and our licensors own all right, title and interest in and to the Analytics and all related software, technology, documentation and content used or provided in connection with the Analytics, including all Intellectual Property Rights in the foregoing.

Australian Consumer Law

Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

Where you return products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.

Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Fees of the relevant product. Please contact us for further information.

Limitations

We are not liable for your misuse or inability to comply with recommendations in the App including, without limitation, your ability to follow recipes or fitness plans.

You may have rights under the Australian Consumer Law (see above), and nothing in this Limitations clause attempts to modify or exclude those rights.

Despite anything to the contrary, to the maximum extent permitted by law:

our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Fees paid by you to us for the products the subject of the relevant claim; and
we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any liability caused or contributed to by, arising from or connected with any event or circumstance which is beyond our reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.

We do not provide and have no control over telecommunications services, networks or services, the internet or other technology required or used to access the App. We will not be liable in the event that the App is unavailable to you for any reason, including due to malfunctions, congestion, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply. We reserve the right to suspend or terminate the availability of the App at any time without any liability to you.

General

Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).

Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.

Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.

Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the App. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.

Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The App may be accessed in Australia and overseas. We make no representation that the App complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the App from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the App.

Third party sites: The App may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the App, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the App (Affiliate Link) or for featuring certain products or services on the App. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the App, or which (if any) third party links are Affiliate Links.

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For any questions and notices, please contact us at:

Halth Pty Ltd (ABN: 80 636 219 997)

Address: PO Box 89, Mosman, New South Wales 2088

Email: accounts@halth.com

Last update: 7 December 2021

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