{"id":2707907,"date":"2019-05-07T03:19:45","date_gmt":"2019-05-06T17:19:45","guid":{"rendered":"https:\/\/www.healthyman.com.au\/?page_id=2707907"},"modified":"2023-03-23T10:46:07","modified_gmt":"2023-03-22T23:46:07","slug":"terms-conditions","status":"publish","type":"page","link":"https:\/\/www.healthyman.com.au\/terms-conditions\/","title":{"rendered":"Terms & Conditions"},"content":{"rendered":"

Your acceptance\u00a0<\/b><\/p>\n

    \n
  1. These are the terms on which <\/span>The Healthy Mummy Pty Limited (ACN 153 827 751) <\/b>(referred to as <\/span>The Healthy Man<\/b>, <\/span>we<\/b>, <\/span>our <\/b>or<\/span> us<\/b>) permits users (referred to as <\/span>you<\/b> or <\/span>your<\/b>) to:\u00a0<\/span><\/li>\n
  2. access and use The Healthy Man website\u00a0 (the <\/span>Website<\/b>) including using the services and functionality made available through the Website;\u00a0<\/span><\/li>\n
  3. view and interact with any content, information, communications, advice, text or other material provided by The Healthy Man (including, but not limited to, our blogs, recipes, eBooks and fitness programs) (<\/span>The Healthy Man<\/b> Content<\/b>) or any User Content;<\/span><\/li>\n
  4. purchase products on the Website, including subscriptions and<\/span><\/li>\n
  5. upload User Content to the Website and communicate with The Healthy Man.\u00a0<\/span><\/li>\n
  6. If a word or phrase is capitalised in these Terms, it has the meaning provided where it is shown in bold in these Terms. \u00a0 Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.\u00a0 These terms are the entire agreement between us in relation to their subject matter.<\/span><\/li>\n
  7. You agree to be bound by these Terms when you use, browse or access any part of the Website.<\/span><\/li>\n
  8. The Healthy Man may from time to time review and update these Terms including to take account of new laws, regulations, products or technology. Subject to clause 1.5, your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.<\/span><\/li>\n
  9. If you have a subscription, the Terms applicable when you purchased your subscription will apply until you agree to any changes, or you renew your subscription.\u00a0<\/span><\/li>\n<\/ol>\n

    Changes to products, services and pricing<\/b><\/p>\n

      \n
    1. We may modify prices and product and service offerings at our discretion for any reason (including but not limited to changes in market conditions, product discontinuation, changes in availability, manufacturer changes, errors in advertising, and in other circumstances).\u00a0 Our current prices, products and services are as set out on the Website.<\/span><\/li>\n
    2. All updates and modifications to the Website including any changes to The Healthy Man Content, and all product and service pricing and offerings will be subject to these Terms. Any information we provide in relation to the availability of products is a guide only and is subject to change without notice. We will not be liable for any lack of availability of products that you may order through the Website.<\/span><\/li>\n<\/ol>\n

      Registration of Accounts\u00a0<\/b><\/p>\n

        \n
      1. Although you may browse the Website without creating an account or providing your details, certain features and functionalities of the Website\u00a0 can only be accessed by the creation of an account (<\/span>Account<\/b>), which in turn requires you to provide all of the information requested, including by entering an Account password (<\/span>Password<\/b>), at registration.\u00a0<\/span><\/li>\n
      2. You warrant that all information and data provided by you in the registration of your Account is accurate, complete and up to date. You will promptly inform The Healthy Man if there is any change to this information or data.<\/span><\/li>\n
      3. You may elect to change the Password at any time using the facility provided on the Website. You must immediately notify The Healthy Man of any Password which is lost, inoperable or used in an unauthorised manner or if you become aware of any unauthorised access or use of your Account.\u00a0\u00a0<\/span><\/li>\n
      4. You will be fully responsible for all acts and omissions of any person using your Password and Account, as if they were your own acts and omissions. You agree that you will not share, disclose, or permit disclosure of, your Password, let anyone else access your Account or do anything that would risk the security of your Account.\u00a0 The Healthy Man will not in any event be liable for any loss, damage, claims, costs or expenses arising out of the use or misuse of your Password and Account, and you will indemnify The Healthy Man against all loss, damage, claims, costs or demands in this regard.<\/span><\/li>\n
      5. You agree that if we disable or terminate your Account for any reason, you will not create another one without our permission, whether through the use of your own personal details or those related to you or created by you.<\/span><\/li>\n
      6. We reserve the right to refuse registration of any Account, at our sole discretion.\u00a0<\/span><\/li>\n<\/ol>\n

        The Healthy Man Content<\/b>\u00a0<\/span><\/p>\n

          \n
        1. The Healthy Man Content on the Website is for general information and promotional purposes only. The Healthy Man does not warrant or make any representations as to any third party products or services described or referred to on the Website. Any reliance or use of any information provided by or contained in the Website, The Healthy Man Content or services made available through the Website is solely at your own risk.<\/span><\/li>\n
        2. The Healthy Man Content on the Website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence. Inclusion of The Healthy Man Content on the Website is not an endorsement of any organisation, product, service or advice.\u00a0<\/span><\/li>\n
        3. All intellectual property rights, including copyright, in the Website and The Healthy Man Content are owned or licensed by The Healthy Man or any of its related entities. You must not copy, modify or transmit any part of the Website or The Healthy Man Content.\u00a0<\/span><\/li>\n
        4. The Website may contain trade marks, logos and trade names of The Healthy Man or third parties which may be registered or otherwise protected by law. You are not permitted to use any trade marks, logos or trade names appearing on the Website.\u00a0<\/span><\/li>\n
        5. The Healthy Man grants you a non-exclusive and non-transferable licence to use the Website for your own personal use, subject to the restrictions specified elsewhere in these Terms. It is not to be otherwise used for commercial exploitation.\u00a0<\/span><\/li>\n
        6. If you have a complaint regarding any The Healthy Man Content or User Content, The Healthy Man ‘s sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular The Healthy Man Content or User Content.<\/span><\/li>\n<\/ol>\n

          \u00a0<\/span>Links and advertisements<\/b><\/p>\n

            \n
          1. The Website may contain links to other websites. We have not reviewed all of the third party websites linked on the Website and are not responsible for and will not be liable in respect of their content or accuracy (including websites linked through advertisements). The Healthy Man provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement, support or sponsorship of those web sites, their operators, the goods, services or content that they describe.<\/span><\/li>\n
          2. Facebook, Twitter, Instagram, YouTube and other third party websites which are linked to the Website, are not covered by these Terms, and may have their own terms and conditions and privacy policy. If you choose to access these third party linked sites, you do so at your own risk. The Healthy Man is not responsible for and will not be liable in respect of the content or operation of those websites or any of the goods, services or content that they describe. The Healthy Man is not responsible for and will not be liable in respect of any incorrect link to an external website.<\/span><\/li>\n<\/ol>\n

            Privacy\u00a0<\/b><\/p>\n

              \n
            1. Any personal information or personal data submitted by you (whether of you or another person from who you have the necessary consents to provide that personal information as contemplated in clause 6.2) to The Healthy Man will be used for the purposes contemplated by these Terms, including but not limited to:<\/span><\/li>\n
            2. processing your payments for purchasing any products;<\/span><\/li>\n
            3. providing you with goods and services you have purchased;\u00a0<\/span><\/li>\n
            4. communicating with you, including via email, regarding your Order, your Account or Purchases, or regarding other interactions you have with us via the Website; and<\/span><\/li>\n
            5. providing direct marketing communications to you when you sign up to receive email updates from The Healthy Man.<\/span><\/li>\n
            6. If you are submitting to the Website, the personal information or personal data of any other person, you warrant that the person is aware of and has consented to the use of their personal information or personal data in accordance with these Terms.\u00a0<\/span><\/li>\n
            7. You agree that, by submitting your payment and confirming your Order via the Website, you have read and understand these Terms and consent to these requirements.<\/span><\/li>\n<\/ol>\n

              Disclaimer<\/b><\/p>\n

                \n
              1. We have used our best endeavours to ensure all information, graphics, audio and video and other items appearing on the Website are correct and up-to-date at the time of publication. The Healthy Man does not represent or warrant the accuracy or completeness of the Content and is not responsible for any errors, omissions or defects. Depending on the resolution of the screen you use to access the Website, the colours of products as displayed on this Website may not constitute an accurate depiction of the true colour of the item.<\/span><\/li>\n
              2. The Healthy Man makes no claims or representations as to how much weight you can lose using any of The Healthy Man products or services. Your results will vary from any examples given. Your total weight loss will depend upon your circumstances, the amount of calories that you consume on a daily basis, your determination, your activity level, any underlying medical conditions and the duration of your efforts to lose weight.\u00a0<\/span><\/li>\n<\/ol>\n

                Indemnity\u00a0<\/b><\/p>\n

                You will fully indemnify and hold harmless Healthy Man in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:<\/span><\/p>\n

                  \n
                1. any breach of these Terms by you;\u00a0<\/span><\/li>\n
                2. your use of the Website or The Healthy Man Content;\u00a0<\/span><\/li>\n
                3. User Content you post on the Website;<\/span><\/li>\n
                4. any third party use of the Website through your Account (whether authorised or not);<\/span><\/li>\n
                5. your communications with The Healthy Man; or<\/span><\/li>\n
                6. your use of third party websites linked to the Website.<\/span><\/li>\n<\/ol>\n

                  Warranties, consumer guarantees and limitation of liability<\/b>\u00a0<\/span><\/p>\n

                    \n
                  1. Any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.\u00a0<\/span><\/li>\n
                  2. The Healthy Man will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with the Website, The Healthy Man Content, all links to or from the Website or the goods and services advertised or referred to on the Website.<\/span><\/li>\n
                  3. The maximum aggregate liability of The Healthy Man for all proven losses, damages and claims arising out of or in connection with these Terms or a supply under these Terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of $100.<\/span><\/li>\n
                  4. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law being Schedule 2 to the <\/span>Competition and Consumer Act 2010 (Cth)<\/span><\/i> (<\/span>ACL<\/b>) or any other applicable law that cannot be excluded, restricted or modified by agreement.\u00a0<\/span><\/li>\n
                  5. To the fullest extent permitted by law, the liability of The Healthy Man for a breach of a non-excludable guarantee referred to in clause 9.4 is limited, at The Healthy Man’s option, to:<\/span>\n
                      \n
                    1. in the case of goods supplied or offered by us, any one or more of the following:<\/span>\n
                        \n
                      1. the replacement of the goods or the supply of equivalent goods;<\/span><\/li>\n
                      2. the repair of the goods;<\/span><\/li>\n
                      3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or<\/span><\/li>\n
                      4. the payment of the cost of having the goods repaired; or<\/span><\/li>\n<\/ol>\n<\/li>\n
                      5. in the case of services supplied or offered by us:<\/span>\n
                          \n
                        1. the supplying of the services again; or<\/span><\/li>\n
                        2. the payment of the cost of having the services supplied again.<\/span><\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n

                          No provision of medical advice<\/b><\/p>\n

                            \n
                          1. The Website, The Healthy Man Content and services made available through the Website offer healthy lifestyle, fitness, exercise, nutritional and other weight loss information, but are designed for educational purposes only. This information is not a substitute or replacement for professional medical advice, diagnosis or treatment, and you should not rely on this information as such. You should always consult a health-care professional if you have any concerns or questions about your health, and you should not disregard, avoid or delay obtaining medical or health-related advice from your health-care professional because of something you may have read on the Website.\u00a0<\/span><\/li>\n
                          2. Nothing contained in the Website, The Healthy Man Content or services made available through the Website is intended to be, and must not be taken to be, the practice of medical or counselling care.\u00a0<\/span><\/li>\n
                          3. Whilst advancements and developments in medical research may affect the health, fitness and nutritional information contained in the Website, The Healthy Man Content, products or services made available through the Website, we do not guarantee that such information will always include the latest or most recent findings or developments.\u00a0\u00a0\u00a0\u00a0<\/span><\/li>\n
                          4. Your access or use of the Website, The Healthy Man Content or services made available through the Website does not in any way create between you and The Healthy Man, a confidential or privileged relationship, a relationship of practitioner and patient, or any other relationship that would give rise to any duties on our part.\u00a0<\/span><\/li>\n
                          5. If you experience any pain or discomfort during exercising, please stop all exercise immediately and consult with a medical professional.<\/span><\/li>\n<\/ol>\n

                            Access and communication<\/b><\/p>\n

                              \n
                            1. Subject to clause 9.4, The Healthy Man does not warrant that you will have continuous access to the Website.\u00a0<\/span><\/li>\n
                            2. The Healthy Man will not be liable if the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities, interruption in telecommunications supply or otherwise.<\/span><\/li>\n
                            3. The Healthy Man does not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties.\u00a0<\/span><\/li>\n
                            4. Whilst The Healthy Man takes reasonable precautions to protect information transmitted via the Website, The Healthy Man cannot and does not guarantee the security or confidentiality of these communications or the security of the Website.\u00a0<\/span><\/li>\n
                            5. The Healthy Man does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.<\/span><\/li>\n<\/ol>\n

                              Termination of your access to the Website<\/b><\/p>\n

                                \n
                              1. The Healthy Man may at any time immediately terminate or suspend your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice..<\/span><\/li>\n
                              2. This clause 12.2 and clauses 4, 8, 9, 20, will survive termination of your access to the Website in accordance with clause 12.1 and will continue to the benefit of and be enforceable by Healthy Man.<\/span><\/li>\n
                              3. Provisions concerning how we will handle personal information will also survive termination, including provisions that describe how we may handle your personal information in accordance with the provisions of our Privacy Policy.<\/span><\/li>\n<\/ol>\n

                                International Use<\/b><\/p>\n

                                  \n
                                1. As this site can be accessed throughout Australia and overseas, The Healthy Man does not represent that The Healthy Man Content complies with the laws of any country outside Australia, or that any competition, offering or content accessible through the Website is appropriate or available for use in locations outside Australia. If you access this site from outside Australia, you do so at your own risk and responsibility, and are responsible for making sure you comply with all applicable laws in the place you are located. You are not authorised to access the Website from any location where doing so would be illegal.<\/span><\/li>\n
                                2. You understand that some countries have import restrictions on certain goods or materials. If you are outside Australia you will become the importer and will be liable to pay local taxes or duties, and you will assume all liability under any customs or import laws and regulations.<\/span><\/li>\n<\/ol>\n

                                  The Healthy Man Shop<\/b><\/h4>\n

                                  Ordering and Payment through The Healthy Man Shop<\/b><\/p>\n

                                    \n
                                  1. You may order and purchase products through The Healthy Man Shop available through the Website (an <\/span>Order<\/b>).<\/span><\/li>\n
                                  2. Payment for an Order (including any shipping charges), subscription (a <\/span>Purchase<\/b>) is made online through the Website (<\/span>Online Payment<\/b>).The prices for all Purchases will be as set out on the Website from time to time.<\/span><\/li>\n
                                  3. Your Order will be delivered to you using one of our third party couriers.\u00a0<\/span><\/li>\n
                                  4. The Healthy Man uses Braintree and Merchant Warrior to process Online Payments.\u00a0 For more information on Braintree security processes, please visit their website at<\/span> https:\/\/www.braintreepayments.com\/au<\/span><\/a>. For more information on Merchant Warrior security processes, please visit their website at<\/span> https:\/\/www.merchantwarrior.com\/<\/span><\/a><\/li>\n
                                  5. The specific terms and conditions of supply for any products or services purchased via the Website will be notified to you via the Website before you finalise your Purchase. Your confirmation of any Purchase indicates your acceptance of those terms and conditions of supply, which will upon confirmation of the Purchase be incorporated into these Terms in respect of that Purchase.\u00a0\u00a0<\/span><\/li>\n
                                  6. In the event that an item in your Purchase is unavailable, or we are otherwise unable to fulfil your Purchase, we will use best endeavours to notify you within 5 business days to arrange an agreeable alternative item, a backorder, or a full refund.\u00a0<\/span><\/li>\n
                                  7. Title to the products in your Order passes to you upon delivery. All risk of loss or damage to the products in your Order passes to you when we dispatch your Order from our premises.<\/span><\/li>\n<\/ol>\n

                                    Refunds and Returns<\/b>\u00a0<\/span><\/p>\n

                                      \n
                                    1. Subject to 15.2 below, The Healthy Man offers a 30-day money-back guarantee\u00a0 for change-of-mind (a <\/span>Refund<\/b>) on all products purchased through The Healthy Man Shop except memberships, subscriptions, eBooks, books published by third parties, and anything else set out on the Website as not being refundable.<\/span><\/li>\n
                                    2. In order to receive a Refund:<\/span><\/li>\n<\/ol>\n