Loyalty Terms & Conditions
Loyalty Program (also referred to as “The Healthy Chef’s Loyalty Program” is a customer rewards program (“Program”) managed and conducted by The Healthy Chef Pty Limited (ABN 68 278 350 377) (“The Healthy Chef” “we” or “our”) for the benefit of its customers (“Customer” or “you”). Opting in to the Program is automatic upon: the creation of a Customer account by providing personal information for The Healthy Chef database (“Client file”) online via the program widget or account registration page on thehealthychef.com
PARTICIPATION AND MEMBERSHIP
Participation in the Program is only open to all Healthy Chef customers that have access to our online store. If you are under the age of 18 years, you must have parental/guardian approval to opt in to the Program, and further your parent/guardian must read and consent to these Terms and Conditions. These Terms and Conditions will be accepted by you and will be binding on you at the time of opting in. If you do not agree to be bound by these Terms and Conditions please contact The Healthy Chef at firstname.lastname@example.org to request removal from the Program.
CALCULATION OF LOYALTY POINTS
Purchases on our online store will earn you points provided you use the email address associated with your Loyalty account and are logged in to your account at the time of purchase. The Healthy Chef Loyalty Program excludes returns, refunds, delivery charges, and the purchase of gift cards. Your Loyalty points will be calculated and accumulated over a rolling 12-month period, from your last earning activity, and your point balance is accessible in real time. The Loyalty Program reserves the right to change points balances if it believes someone is unfairly accumulating points not within the rules set out in this document. Points earned as part of this loyalty program are not redeemable as cash or monetary value, unless otherwise stated as a way of spending as part of the Program.
Loyalty points expire and are removed from your balance 12 months after the earn activity date. Your Loyalty Points balance may go up or down on a daily basis as credits are earned or expired.
Any transactions that occur in one of The Healthy Chef’s retail partner stores will not count toward the The Healthy Chef Loyalty Program. Orders placed on www.thehealthychef.com can take up to 36 hours to reflect in a customer’s Loyalty Dashboard.
To the extent that Loyalty Points have been achieved by you in connection with a breach of these Terms and Conditions or otherwise incorrectly allocated to you, including as a result of an error on the part of The Healthy Chef, we may adjust your Loyalty points to the extent necessary to address the breach or error (as the context permits).When a Customer obtains a refund or reimbursement for goods purchased from The Healthy Chef, an adjustment is also made to the Healthy Hub account in the amount of the reimbursement granted.
TRANSFERS AND CLIENT FILES
Any transactions by another customer at thehealthychef.com cannot be transferred to a different customer for someone else to obtain Loyalty points.
There can be only one customer for each Loyalty membership. Transactions from multiple Customer files cannot be joined into one Loyalty spend amount. It is your responsibility to ensure that The Healthy Chef has only one Client file for you. If you suspect that you have more than one Client file, please contact our customer care team at email@example.com
Any Loyalty points cannot be sold, transferred, assigned or otherwise dealt with except in accordance with these Terms and Conditions. Loyalty points have no cash or monetary value and cannot be taken or redeemed as cash or equivalent, unless otherwise stated as a way of spending as part of the Program.
Any rewards, gifts, benefits or offers communicated as part of The Healthy Chef Loyalty Program may include specific offer terms and conditions, including expiry dates and redemption conditions. You should read these Terms and Conditions carefully. Only Loyalty members who receive our communications are eligible to use and redeem any rewards, gifts, benefits or offers. All offers, gifts, benefits or rewards are not transferable and cannot be redeemed for cash or equivalent, unless otherwise stated as a way of spending as part of the Program.
All Loyalty gifts, benefits or offers are subject to availability. The Healthy Chef is not liable for any rewards, gifts, benefits or offers not being available for any reason.
If you have opted-out of receiving The Healthy Chef communications, you will not be eligible to receive any rewards or perks of the program.
The Healthy Chef reserves the right to change or withdraw Loyaltyrewards and giveaways and these terms at any time without notice.
Any exclusive content will be supplied to you via your email address entered at the time of sign up.
Each competition will have its own set of terms and conditions.
CHANGE OF DETAILS
You should advise The Healthy Chef of any change of name or email address by emailing firstname.lastname@example.org. The Healthy Chef is not responsible for any failure by you to notify us of your change of details, which may result in you not obtaining the benefit of Loyalty communications and rewards, gifts or benefits. Changes to your details can be made by emailing email@example.com.
SUSPENSION AND/ OR TERMINATION
The Healthy Chef may immediately suspend or terminate your participation in the Loyalty Program without further notice if you: (a) have breached these Terms and Conditions; (b) have engaged, or may engage, in fraudulent conduct, or conduct that is suspected to be fraudulent, in relation to The Healthy Chef, the Loyalty Program or your Customer file; (c) have engaged in inappropriate conduct that undermines the reputation or legitimate interests of The Healthy Chef; (d) have supplied or are attempting to supply false or misleading information to The Healthy Chef; (e) are selling, assigning, transferring, acquiring, or offering to sell, assign, transfer or acquire any The Healthy Chef awards, gifts, offers or benefits other than in accordance with these Terms and Conditions; (f) act in a hostile, abusive or aggressive manner towards any The Healthy Chef staff or any other Customers online; or (g) become bankrupt.
Where your right to participate in the Loyalty Program is suspended or terminated, any benefits, rewards and rights and Loyalty status you may have at that time under the Loyalty Program shall thereby suspend or terminate (as the case may be).
The Customer’s participation in the Loyalty Program may be terminated by either The Healthy Chef or the Customer by providing the other party with at least 30 days written notice.
WARRANTIES AND LIABILITY
All conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied or imposed by custom, under the general law or by statute, whether expressed or implied, as to the condition, suitability, quality, fitness or safety of any goods or services supplied under, or pursuant to, the Loyalty Program (“Warranties”), are expressly excluded to the extent permitted by law.
Nothing contained in these Terms and Conditions excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, State or Territory legislation (the “Acts”) where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon the Customer pursuant to any of the Acts, The Healthy Chef’s’ sole liability for breach of any such condition, warranty or other obligation is limited to:
- in the case of goods, supplying the goods or services again or payment of the cost of having the goods or services supplied again;
- in the case of any claim relating to points, to crediting that number of points to the Customer’s account; or
- in the case of any claim relating to a reward, to crediting the number of points redeemable for that reward to your Loyalty Program account.
To the extent permitted by law, The Healthy Chef will not be liable to the Customer (or any person claiming under or through the Customer) or any third party for:
- any personal injury or death to the Customer or any third person;
- indirect, consequential, incidental, special or exemplary damages, expenses, losses or liabilities;
- the loss, theft or destruction of a Loyalty reward, gift, offer or benefit; or
- any delay in replacing a reward, gift or benefit or unauthorised use of any reward, gift or benefit of the Loyalty Program, arising out of, relating to or connected to the provision or use of The Healthy Chef’s Loyalty Program, any reward, gift, offer or benefit or any goods or services supplied by The Healthy Chef.
The Healthy Chef shall not be liable to the Customer or third party for any delay or non-performance of its obligations under these Terms and Conditions arising from any cause beyond its control including, without limitation, act of God, governmental act, war, fire, flood, explosion or civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default by or act or omission of a third party provider, hosting or data centre providers or other suppliers or sub-contractors.
The Healthy Chef expressly reserves the right to change the Loyalty Program elements (including, but not limited to, expiry dates or the way in which Loyalty rewards, gifts, benefits or offers are earned and redeemed) or cease running the Loyalty at any time (without any liability to the Customer or any third party). The Healthy Chef will use reasonable endeavours to give advance notice to all Customers of any material changes in writing or by otherwise posting it on our website or other channels. If you do not agree to these changes, you may terminate your participation in the Loyalty Program by providing The Healthy Chef with at least 30 days’ written notice after the date you received written notice of the changes or the changes were posted on our website or other social media channels.
A notice or communication shall be deemed to be given by The Healthy Chef to you if it is sent to your email address listed in your Client file or by otherwise posting it on our website or other social media channels.
Please visit our website for the latest version of these Terms and Conditions.
You are solely responsible for any government tax, duty or other charge imposed by law in any country in respect of the Loyalty Program, your participation in the Loyalty Program, Loyalty rewards offered or any other transaction within, or arising out of, the Loyalty Program.
If any provision (or part of a provision) of these Terms and Conditions are found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
These Terms and Conditions, and your participation in the Loyalty Program, is governed by and will be construed in accordance with the laws of the State of New South Wales, Australia irrespective of where the application for your Client file has been completed. In any action or other legal process with respect to any matter or thing in connection with these Terms and Conditions, and your participation in the Loyalty Program, you submit to the non-exclusive jurisdiction of the Courts in the State of New South Wales.