Your agreement is with The Healthy Chef Pty Ltd (ACN 119 224 654) trading as Healthy Chef.
Content means all content provided by the Healthy Chef to you on our Website, Web App or iOS App, including but not limited to the consumer, text, photographs, images, logos, graphics, names, designs, information, Personal Information, data, drawings, links, video and audio recordings offered and administrated by the Healthy Chef via the Website, Web App or the iOS App;
Founding Members means members who are existing members of the Healthy Chef;
GST has the meaning it bears in the A New Tax System (Goods and Services Tax) Act 1999 and terms which are defined in the A New Tax System (Goods and Services Tax) Act 1999 have the same meaning as those terms have in that Act;
Intellectual Property means all intellectual property and quasi-intellectual property rights (past, present and future) conferred by law (whether registered or unregistered), including without limitation business names, trade or service mark, patents, designs, trade secrets, computer programs, data bases, copyright, circuit layouts, moral rights and all proprietary rights and all other intellectual property defined in Article 2 of the Convention establishing the World Intellectual Property Organisation (July 1967);
IOS App means that part of the Content delivered and made available through a Participating App Store;
Member or Membership means members who subscribe to the Healthy Chef Website, Web App or iOS App, which entitles you to use the Website, Web App or iOS App;
Member Information means information provided by you, which may include, but not limited to, your name, contact details and credit card details;
Member Subscription Fee means a fee of $9.99 (AUS) per month or $89.99 per year which is charged on a monthly or yearly basis (subject to your chosen Term) to your nominated credit card;
Participating App Store means the Apple App Store for iOS and any other mobile device application stores authorised by the Healthy Chef to distribute the App as a third party distributor;
Personal Information as defined in the Privacy Act as information or an opinion about an identified individual, or an individual, who is reasonably identifiable: whether the information or opinion is true or not; and whether the information or opinion is recorded in a material form or not;
Privacy Act means the Privacy Act 1988 (Cth);
Products means the recipes, meal programs, nutritional guides and other related products made available through our Website, Web App and iOS App, or provided through using the Services;
Programs means any current or future health programs offered by the Healthy Chef from time to time;
Promotion Discount Fee means a discount fee provided from time to time at the Healthy Chef’s discretion;
Services means the services provided by the Healthy Chef which allows you to access including (but not limited to) the Content, Products, Website, Web App, iOS App, and the associated use of our backend infrastructure;
Social Networking Services means Facebook, trust pilot and any other Social Networking Service used from time to time in Member account creation, login, or in relation to the provision of Services;
Term means either a monthly or yearly subscription;
Web App means the web version of the iOS App, which can be downloaded and used on any device;
Website means the Healthy Chef website such as:
- com.au; and
- the use of the Services;
- access to the Services from third party websites; or
- the Content or materials contained in the Services accessed via links from the Services or that we provided to you via email or mobile, including health information, publications, fact sheets, news and alerts.
- The Healthy Chef reserves all rights not expressly granted herein in the Services and may terminate this licence at any time for any reason or no reason.
- You agree that if you download any Content from the Website, Web App and/or iOS App you will not reproduce, distribute in person, publish, republish, print, upload to any third party, post on any social media site or Social Networking Services, or distribute or modify or otherwise deal with any Content on the Website, Web App and/or iOS App in whatever format, personally or otherwise, and/or provide it, or any part of it, to a third party that would otherwise infringe our Intellectual Property rights.
- You agree that in downloading any Products or Services from the Website, Web App or iOS App, you will not rent, lease or lend it to a third party nor decompile, reverse engineer, modify or derive Content from the Website, Web App or iOS App and/or make it available over a network where it could be used by multiple devices at the same time.
- MEMBERSHIP / SUBSCRIPTIONS
- You will be prompted to register for access to the Services on our Website, Web App or iOS App and submit to certain information in order to fully utilise the Services provided.
- Your Membership is non-transferable.
- The Healthy Chef may terminate your Membership at any time with or without notice to you.
- You may terminate your Membership by cancelling within 24 hours prior to the date when your next payment is due. Unless and until you terminate, your Member Subscription Fee will continue to be charged, as per clause 3.
- You are responsible for all Member Information entered and you must ensure all Member Information entered is accurate, complete and not misleading.
- You indemnify the Healthy Chef for any losses, costs, expenses or damages that the Healthy Chef may incur or suffer should any Member Information provided is not correct.
- FREE TRIAL
- The Healthy Chef provides a free 3-day trial with unrestricted access to the Web App and iOS App.
- Free trials will only be made available to new Members and are provided at the discretion of the Healthy Chef and will not be available in conjunction with any other offers or promotions.
- The Healthy Chef reserves the right to terminate your free trail at any time without notice.
- If you decide not to proceed with the Membership you will need to cancel your free trail within 3 days of the 3-day trial.
- Should you wish to cancel your free trail prior to the end of the 3 days and have unused days left on your free trial then those unused days will be forfeited.
- If you do not cancel your free trial within 3 days, you will be charged the Member Subscription Fee on the 4th
- LIMITED TIME OFFER
- From time to time the Healthy Chef at its discretion may offer a Promotion Discount Fee on the terms set out in this clause 5 and on such further terms as it sees fit.
- The Promotion Discount Fee will only be made available at the discretion of the Healthy Chef and will not be available in conjunction with any other offers or promotions.
- The Promotion Discount Fee only applies to the Term of your choice.
- The Promotion Discount Fee applies for the life of your Membership, once you cancel your Membership you forfeit your Promotion Discount Fee.
- Your Promotion Discount Fee is non-transferrable and will not be offered to Members who have previously cancelled their Membership to the Web App and iOS App.