Terms and Conditions
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 7-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 7 days of the 7-day trial.
- Should you wish to cancel your free trail prior to the end of the 7 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 7 days, you will be charged the Member Subscription Fee on the 8th.
- 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.
- To be eligible to access and use the Services, you must:
- be at least 18 years old or have a parent or legal guardian present while using the Services;
- only access and use the Services in relation to yourself; and
- register to use the Services in accordance with our registration process.
- Without limitation, our Products and Services, including the Web App offered on the Website or iOS App are for personal use and consumption.
- PAYMENT TERMS
- Your Member Subscriptions Fee is payable in advance, are non-refundable and will be charged subject to your chosen Term. You authorise the Healthy Chef to deduct payment immediately upon signup and thereafter on an automatic basis, subject to your chosen Term.
- Where a Member cancels their Membership, they will continue to have access to the Website, Web App and/or iOS App until the end of their current billing cycle.
- The Healthy Chef does not provide refunds for partial Membership.
- Unless you cancel your Membership at least 24 hours prior to your next monthly billing date, you authorise the Healthy Chef to charge your next payment to your chosen payment method.
- Where a Membership is purchased through an App Store, those payments are processed securely via a payment gateway utilised by that Participating App Store. For any payment related issues made through a Participating App Store must be raised with that Participating App Store.
- Membership purchased through our Website and Web App are managed and billed by the Healthy Chef. All Memberships are processed via a third party payment gateway and are handed through secure sockets layer and are payment card industry compliant. You will need to refer to their terms and conditions for additional information.
- All Membership Subscription Fees and Products are inclusive of GST, the Healthy Chef will not be held liable for any import duty that a member may incur.
- We reserve the right to increase your (excluding Founding Members) Member Subscription Fee at any time, which shall take effect from the start of your next Term (should you choose to renew your Membership) following the Term in which we gave notice to you.
- RENEWAL AND TERMINATION
- Your Membership will automatically renew for the same Term as your initial Membership Term, unless you cancel your Membership via the billing platform that you purchased the Membership from.
- The Healthy Chef will not issue refunds for cancellations of Membership where you cancel your Membership prior to the end of the Term.
- OUR RIGHTS TO MODIFY SERVICES
- The Healthy Chef may at times give you notice of any changes by publishing any changes on the Website, Web App or iOS App.
- You agree that the Healthy Chef may transfer, assign, licence or deal with our interest in the Website, Web App, iOS App or copyright or any other published material to any affiliate or to any third party who shall in any event be bound to meet the obligation of any agreement with us for the Services we provide to you for payment.
- THIRD PARTIES
- We may use third parties to assist us to provide our Services to you including payment processing and client registrations. These third parties may have access to certain Personal Information required to perform their function. They cannot use your information for any other purpose.
- MEDICAL DISCLAIMER
- You are aware that the Website, Web App and iOS App, by choosing one of our Programs can be of assistance in achieving your goal, and the Website, Web App and iOS App are a part of assisting you in achieving your healthy goals.
- We make no guarantees that by using the Website, Web App or iOS App that you will achieve your desired goals; they are provided only to assist you in achieving a healthy lifestyle. Information provided by the Website, Web App and iOS App are made available for your benefit and is not intended to provide or substitute medical advice from a health professional. We strongly recommend that you seek advice from a qualified health care professional before you embark on your healthy goals. We do not accept liability for any error or omission, injury, expense, loss or damage incurred by you or another party as a result of using or relying upon any information provided on our Website, Web App or iOS App.
- USE OF THE WEBSITE, WEB APP AND iOS APP
- You may download the iOS App, to view, use and display the iOS App on your mobile device for your personal use only. You may use the iOS App to view information, videos, audios and recipes provided by us and to access the Healthy Chef Website.
- When you use the Website, Web App or iOS App and the Content, in addition to your responsibilities listed in clause 15 you are responsible for any damage to your mobile device, and any loss or corruption of information that you store in the device that results from the use of the Website, Web App, iOS App or Content or the interaction of the Website, Web App, iOS App or Content with other applications or programs that you may download or use.
- The iOS App is currently available to mobile devices running the Apple iOS. To access the iOS App, you must have a mobile device with paid access to a mobile phone provider. Your provider’s rates and fees will apply for accessing and downloading information within the iOS App.
- Limitation of Use
- not copy, transmit, distribute, reproduce, licence, alter, reverse engineer, adapt or modify the whole or any part of the Website, Web App or iOS App in any way whatsoever;
- comply with any applicable law and regulation relating to downloading or technology used or supported by the Website, Web App and iOS App.
- Push and email notifications
You consent to us sending you push and email notifications through the iOS App. You may however choose to not receive push and email notifications from us by changing the settings for the iOS App on your mobile device.
- Tracking Cookies Data
- Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Services.
- You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Services.
- Usage Data
- We may also collect information that your browser sends whenever you visit our Services or when you access the Services by or through a mobile device (“Usage Data”).
- This Usage Data may include information such as your computer’s Internet Protocol address, browser type, browser version, the pages of our Services that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
- When you access the Services with a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
- Social Networking Services
- You acknowledge that the Social Networking Services provides for public communications.
- You agree to use the Social Networking Services only for positive and supportive purposes and not post or comment negatively or in terms that could or might be offensive to other users of the Social Networking Services, either within the Social Networking Services or otherwise, or the website, the iOS App and/or individuals representing the Website, Web App and/or iOS App.
- You will not use the Social Networking Services:
- for any unlawful, disrespectful, harmful, threatening, abuse or otherwise objectionable purpose;
- to incite others to conduct the activities in clause 3(a);
- to interfere with the lawful and reasonable use of the Social Networking Services by others; and
- to attempt to directly or indirectly, allow or facilitate a third party to enter the Social Networking Services through your Member Subscription;
- You acknowledge that the administrators of the Social Networking Services reserve the right to remove any messages in the Social Networking Services that are inappropriate or that they reasonably believe may have a negative impact upon the Services and/or its reputation.
- The Healthy Chef will actively take steps to protect the information you provide to us via our Website, Web App or iOS App. However, we cannot guarantee that the information you transmit through our Website, Web App or iOS App via the internet will be secure. There are risks in using the Website, Web App and iOS App notwithstanding our efforts to secure and encrypt information you send us. Therefore, you accept that any Personal Information you provide us is at your own risk.
- We recommend that you maintain up-to-date anti-virus, anti-malware and anti-spyware software on your computer and/or mobile device. If you are using a mobile device to access the Website, Web App and/or iOS App, here are some additional steps you should take include:
- enabling a passcode lock on the device and if it allows access via fingerprint, facial recognition or other form of physical attribute (biometric data) controlling the persons that may access the device via stored biometric data;
- disabling features that may be accessible without entering passcodes;
- making sure you regularly update the mobile device's firmware;
- enable privacy settings on the mobile device's browser; and
- disabling Bluetooth and Wi-Fi on the mobile device when it is not being used.
- DISCLAIMERS AND LIMITATION OF LIABILITY
- The Healthy Chef will in no way be liable to any party for any injury, loss or damage arising out of or related to the use (or the inability to use) the Content on our Website, Web App or the iOS App. Under no circumstances will we be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data. If your use of the Website, Web App and/or the iOS App results in the need for servicing or replacing of equipment, the Healthy Chef will not be liable for those costs.
- Where liability cannot be excluded, any liability incurred by the Healthy Chef is limited to the re-supply of the Information on the Website, Web App and/or the iOS App or the reasonable costs of having the information re-supplied.
- We cannot guarantee device compatibility with our Website, Web App or iOS App, or smooth running of our Website, Web App or the iOS App on the Member’s wireless carrier.
- Our Website, Web App and iOS App have been prepared solely for the purpose of providing the Services. The information contained on our Website, Web App and iOS App have been provided by us in good faith. The information is believed to be accurate and current at the date the information was placed on the Website, Web App and iOS App. The Healthy Chef excludes, to the maximum extent permitted by law:
- all liability whatsoever arising in respect of:
- the security of your computer or mobile device in accessing our Website, Web App or iOS App or any breach of your computer or mobile device's security;
- any computer viruses (including malware or spyware) on your computer or mobile device or the transmission of any computer viruses (including malware and spyware); and
- the integrity of any Content or data accessed through our Website, Web App or iOS App,
- Any modification, suspension or discontinuance of our Website, Web App or iOS App; and any liability which might arise from you accessing or using our Website, Web App or iOS App of a third party or the goods and services of a third party.
- Certain Content displayed on our Website, Web App or the iOS App may be sourced from, and certain links on or from our Website, Web App or iOS App may lead to, sites and resources located on servers maintained by others over whom we have no control. We make no representation as to, and accept no liability for, the use of such Content or such links or the accuracy or any other aspects of that Content or the information.
- To the extent permitted by law, our liability for a failure to comply with Part 3.2 Division 1 of the Australian Consumer Law is limited to the:
- replacement of the goods or the supply of equivalent goods;
- repair of the goods;
- payment of the cost of having the goods resupplied or replaced;
- supply of services again; or
- payment of the cost of having the services supplied again.
- Whilst due care has been taken in the preparation of the Content of our Website, Web App and iOS App we make no representations regarding the accuracy, currency or reliability of the information provided unless otherwise indicated, and note there may be errors, omissions and typographical errors contained in the material provided.
- Our Website, Web App and the iOS App and the material they contain are provided on an as-is basis, and to the fullest extent permitted by law we disclaim all warranties. In addition, we do not warrant that our Website, Web App and iOS App are error free or that the Website, Web App and iOS App and/or the servers they are hosted on are free of viruses, Trojans or other malicious software.
- You are responsible for making your own inquiries and seeking independent advice from an appropriately qualified healthcare professional before acting on any information or material made available to you through our Website, Web App or iOS App. The information on our Website, Web App and iOS App may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified healthcare professional.
- EXCLUSION OF WARRANTIES
- Exclusion of warranties
All Content and Services on or available through our Website, Web App and iOS App are provided on an ‘as is’ and ‘as available’ basis and without warranties of any kind, expressed or implied except any which may be implied by statute and are incapable of exclusion, in respect of the Application or its Content. To the maximum extent permitted by law, the Healthy Chef excludes, and does not make any representation, warranty or endorsement of any kind, whether express or implied, in relation to the Content, accuracy, completeness, accessibility, suitability, safety, security, reliability, or any other aspect of:
- any material and/or information on the Website, Web App or iOS App;
- the performance and availability of the Website, Web App or iOS App;
- the loss, damage, corruption or degradation of any data or other material as a result of the use of the Website, Web App or iOS App.
- Release from claims
You hereby waive, release, forgive, discharge and relinquish any and all claims that you may have against the Healthy Chef, its related bodies corporate, directors, officers, employees, contractors, agents and representatives, in connection with, or arising out of, or incidental to, your access to or use of our Website, Web App and iOS App including but not limited to downloading any information and materials in or from our Website, Web App or iOS App.
- Software viruses
Without limiting the above, the Healthy Chef does not warrant that our Website, Web App or iOS App, information and or material available for download is free from viruses or other conditions that could damage or interfere with data, hardware or software. Accordingly, the Healthy Chef excludes to the maximum extent possible, any liability for any loss suffered as a result of any such viruses or defects.
- Downloadable material
We make downloadable documents, software and other materials available under the following conditions:
- downloadable material within our Website, Web App and/or iOS App are provided on the basis that you will conduct any necessary virus scanning and other checks so as to protect your data, mobile device and software systems and those of any other person;
- you agree that we will not be liable to you for any loss, injury or damage however caused (including by negligence) that arises in any way from the use of the downloaded material; and
- if you provide the downloaded material to another party you should bring the other party’s attention to these conditions.
- SERVICE PROVIDERS
- We may employ third party companies and individuals to facilitate our Services, who provide the Services on our behalf, perform services-related Services or assist us in analysing how our Services is used.
- These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
- OUR RIGHTS TO MODIFY SERVICES
- We will give you notice of any changes, for instance by:
- publishing them on our Website; or
- You agree that we may transfer, assign, license or deal with our interest in the Website, Social Networking Services, copyright or any other published material to any affiliate or to any third party who shall in any event be bound to meet the obligation of any agreement you have with us for Services we provide to you for payment.
- You are required to exercise due care to conform to any Australian laws relating to publication, broadcasting, media controls, advertising standards and social media legal considerations, as they may arise or be applied to you in respect of any content you post in the Social Networking Services or in relation to our Website, Web App and/or iOS App or that by your actions of conduct.
- You agree to indemnify us for any claims, losses, liabilities, costs or expenses ("losses") incurred by us you may cause or contribute to such losses.
- INTELLECTUAL PROPERTY
As between you and the Healthy Chef, the Contents of our Website, Web App and iOS App (including text, graphics, logos, icons, images, video and audio clips and any other form of information or Content and design elements) are owned by The Healthy Chef Pty Ltd (ACN 119 224 654) under licence, unless stated otherwise. You may access and display these pages on a computer or mobile device, and print out for your personal use any whole page or pages on our Website, Web App or iOS App. All other use, copying or reproduction of any part of our Website, Web App and iOS App is prohibited (save to the extent authorised by law notwithstanding this provision). Without limiting the foregoing, no part of our Website, Web App and iOS App may be reproduced on any other internet site. Intellectual Property rights in certain material included on our Website, Web App and iOS App, or processes used in, constructing or accessing our Website, Web App and iOS App, may be the property of third parties. If you seek to reproduce or otherwise use any such material or process in any manner, which would involve the exercise of the rights of the Intellectual Property owner, it is your responsibility to obtain authorisation for that reproduction or other use from the relevant third party or parties. You may not remove or alter any copyright notice, which appears in conjunction with any applets, text or graphics on our Website, Web App or iOS App.
- TRADE MARKS
All trademarks and logos displayed on our Website, Web App and iOS App are proprietary to their respective owners and are protected by applicable trademark and copyright laws.
- GOVERNING LAW AND JURISDICTION
- FORCE MAJEURE
- If any delay or failure of a party to perform its obligations is caused by Force Majeure, the performance of that party's obligations will be suspended for the period of the delay.
- Nothing in this Clause 25 applies to an obligation to pay money.
- The Healthy Chef respects your privacy and values your trust. As a holder of your Personal Information, we are bound by the Privacy Act and the Privacy Principles. In order to provide our Products and perform our Services for you, we will require from you information that may be confidential and personal to you.
- PRIVACY ACT AND THE PRIVACY PRINCIPLES
- As a data holder and controller, we are obligated and committed to comply with the Privacy Act and the Privacy Principles at all times when we handle your Personal Information. This policy gives you a summary on your privacy rights regarding our collection, use, storage, sharing, and protection of your Personal Information.
- COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION
- We do not collect your Personal Information unless the information is necessary for us to conduct our business, to provide Services to you, to carry out our obligations in accordance with an agreement with a third party, respond to you, and in some circumstances, to meet our legal obligations.
- Before collecting your Personal Information, we will endeavour to ensure that you are aware of:
- the person or organisation collecting your Personal Information and how to contact that person or organisation;
- the purpose of which the Personal Information is collected;
- the person or organisation to whom we usually or is likely to disclose your Personal Information;
- whether it is a requirement under the law for us to collect your Personal Information; and
- consequences (if any) if all or part of your confidential information is not provided.
- Your Personal Information may be obtained by way of forms filled out and submitting it to us through our Website, information provided in person or by telephone, email or online by you, or from a public source or third party. We will also let you know that if we receive your Personal Information from a third party without having to ask from you.
- We do not generally collect any sensitive information about you unless required by law or with your consent. Sensitive information may include information relating to your health, racial or ethnic background, criminal records, relationships, sexual preferences, personal finances, political loyalty, or religious belief.
- We will not use or disclose your Personal Information for a purpose (“secondary purpose”) other than the primary purpose of collection set out in this policy unless you consent to the use or disclosure; or if the information is not sensitive and the use of the information is for the secondary purpose of direct marketing.
- The primary purposes of collection of your Personal Information may include the following:
- to provide Products and Services to you;
- to manage and enhance our Products and Services to you;
- to investigate any complaints about or made by you;
- to conduct direct marketing communications;
- to verify your identity;
- to complete background checks and assess your suitability to obtain account with us; and
- whenever as required or authorised by law.
- There are circumstances where we do not require your consent to collect sensitive information under the Privacy Act. These exceptions are authorised or required by the Privacy Act and are categorised as: Permitted General Situations; and Permitted Health Situations. Please visit the website of the Office of Australian Information Commissioner at oaic.gov.au for more information.
Your Personal Information may be disclosed to our employees, agents, contractors, service providers, our professional advisers, our insurers or our related entities for the primary purpose and credit reporting agencies for credit-related purposes.
- Using our Website, Web App or iOS App
- Direct Marketing
We also do not sell or rent your Personal Information to third parties for their marketing purposes without your consent. We may, however, use your Personal Information for marketing purposes with your consent or that you would reasonably expect us to use your Personal Information for the purpose of direct marketing, unless it is impracticable for us to seek your consent and/or you did not make a request to us not to receive direct marketing communications. You can at anytime request to us that you no longer wish to receive direct marketing communications from us and we will not charge any fees for such a request.
- STORAGE, SECURITY, ACCESS AND DESTRUCTION
- Storage and Security
- We store and process your Personal Information on our servers located overseas as well as physical records at our own premises here in Australia. We may also use third party data storage provider outside Australia or an offshore cloud hosting service provider.
- We always ensure that we have sufficiently taken reasonable steps to protect your Personal Information from misuse and loss, from authorised access, modification or disclosure. The steps we take depend on the circumstances but may include measures such as firewalls, passwords, encryption, locked filing cabinets and building access restrictions. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secured.
- Where Personal Information is stored with a third party, we have arrangements which require those third parties to maintain the security of the information. We take reasonable steps to protect the privacy and security of that information, but we are not liable for any unauthorised access or use of that information.
- We always take reasonable and necessary steps to ensure that your Personal Information we collect from you is accurate, up-to-date and relevant at the time of collection. You can request access to the Personal Information we hold about you. You can ask us to correct any inaccurate or out of date information we hold by using the contacts details provided below. There will be no fees charged.
- In certain circumstances, we may disagree with you that your Personal Information should be corrected. If such circumstances arise, we will let you know. If you believe that such a refusal is unnecessary, you may lodge a complaint using the contact details below and we will take reasonable steps to investigate your complaint.
When we no longer need your Personal Information for our purposes and we are not required by law to keep it, we will ensure that your Personal Information is destroyed or de-identified. You may also request us to delete your Personal Information and we will take reasonable steps to delete it, unless we require it for legal, auditing or internal risk management reasons.