USE OF SITE
USE, AND MEMBERSHIP, ELIGIBILITY
Our products and services are not available to persons under 18 years of age or who are otherwise legally prohibited from entering into binding contracts. You may register as a member of the Site. If you register as a member of the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Your right to use the Site (including any password given to you) is not transferable.
You agree to use the Site only for lawful purposes, and that you are responsible for your use of and communications on the Site. You agree not to post on or transmit through the Site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable law. You agree not to use the Site in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Site.
You agree that we may terminate or suspend your access to all or part of the Site, terminate your account or cancel orders, without notice, for any conduct that we, in our sole discretion, believe is in breach of these Terms or any applicable law or is harmful to the interests of another user, Healthyroo or its officers, directors, employees, contractors, agents or related entities (“associates”).
CONTENT POSTED BY USERS
Where you post content on the Site (including via a blog), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our associates and sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate these Terms and will not cause injury to any person. We reserve the right to edit or remove any content posted on the Site. We take no responsibility and assume no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY RIGHTS (INCLUDING COPYRIGHT)
In these Terms, “Content” means any material and/or information including text, video, graphics, images, logos, button icons and audio, data compilations, and software, found or published on the Site. Unless otherwise specified, all Content (and all related intellectual property rights) on the Site is the property of Healthyroo or (if applicable) our content suppliers and is protected by intellectual property (including copyright) laws. The compilation of the Content is our exclusive property. Nothing contained in these Terms or on the Site confers any licence or right to use any trademark, trade dress or copyright of Healthyroo or any third party. Products and names mentioned on the Site may be trademarks of their respective owners, who may or may not be affiliated with, connected to or sponsored by Healthyroo. We grant you a revocable, limited, non-exclusive licence to access and use the Site solely by you for your own personal use. You must not reproduce, retransmit, assign, sub-licence, prepare derivative works, distribute, disseminate, sell, publish, broadcast or circulate any Content from the Site to a third party or use or display the Content on any other website without first obtaining the written consent of Healthyroo. Any unauthorised use terminates the licence granted by Healthyroo.Commercial use or publication of any Content is strictly prohibited without the written consent of Healthyroo.
DELIVERY, ORDERING AND PAYMENT
When ordering, please be sure to provide your full name, exact billing address and any other required information. It is optional to provide your telephone number and email address when placing an order. Incorrect information may cause a delay in processing your order. All orders are subject to availability of stock.We may not be able to make changes to orders once they have been placed. However, if notified by the customer of an error (by email) we will do our best to correct the order. We only accept payment through Paypal or electronic funds transfer. Any shipping costs found on the Site or provided by us are only an estimate and subject to change without notice.Risk of loss and title for a processed order passes to you upon our delivery to the shipment carrier. Where we expressly indicate that a product is subject to a “money-back offer”, this means that we will, subject to any customer abuse of the offer, refund the amount paid by you for the product if you are not completely satisfied with the product and it is returned to us in its original packaging within 14 days of the date of purchase (you must pay the cost of returning the product to us). This is not a warranty or guarantee about the benefits, fitness for purpose or otherwise of the product. We reserve the right to reject any claims for refund (including under any “money-back offer”). Subject to any requirement by the laws of Australia and the State of New South Wales, you will not be entitled to a refund of the purchase price due to a change of mind or other circumstances except were a product is sold with a specific “money-back offer”.
INFORMATION ON THE SITE
We will always attempt to be as accurate as possible with our product descriptions and pricing and other Content. However, Healthyroo does not warrant that product descriptions, pricing or other Content on the Site is accurate, complete, reliable, current, or error-free. Prices of products and other Content is subject to variation without notice.In the event a product is listed at an incorrect price due to a data entry error (typographical error), Healthyroo will have the right to refuse or cancel any orders (whether payment has been received or not) placed for any product listed at an incorrect price. If payment has been received and your order is cancelled by Healthyroo due to a pricing error, we will refund the amount paid for the relevant order.
Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product.
Nothing contained in the Site is intended to be or should be taken for medical diagnosis or treatment. All information on the Site is for the purposes of general knowledge and entertainment only. It is not a substitute for nor does it constitute medical advice.You should not use the information on the Site for diagnosis or treatment of any health problem. Always seek the advice of your healthcare/medical professional when starting any new health or nutritional treatment or program or with any questions you may have regarding your or anyone else’s medical condition. You should carefully read all information provided on or in any product label or packaging. If you have any allergies or illnesses, you should seek medical advice before consuming any product purchased from the Site.
DISCLAIMER AND NO WARRANTIES
Whilst every effort is made to ensure all information is accurate at the time of inclusion, the Site and the Content is provided by Healthyroo “as is” and “as available”. Healthyroo and its associates make no representations, endorsements or warranties whatsoever of any kind (express or implied), in relation to the Site, the Content, the products (or their use) or services offered or sold on or through the Site. Except as expressly provided to the contrary in these Terms and to the maximum extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise, relating in any way to the Site, the Content or the products or the services found on the Site, including implied warranties of merchantability, fitness for a particular purpose and non-infringement, are excluded.We do not represent that the Site or the Content is error-free or virus-free or that your access to the Site will be uninterrupted.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, Healthyroo and its associates will not be liable to any person for any damages of any kind (whether in contract, tort (including negligence), statute, product liability or otherwise) arising (directly or indirectly) from your use of the Site, the Content, the products (including use of the products) or services offered or found on the Site or by Healthyroo, or these Terms, including direct, indirect, special or consequential damages (including loss of business or loss of profits), even if you advise us of the possibility of damages. This limitation of liability is an essential component of the bargain between Healthyroo and the user. The products and information on the Site would not be provided without such limitations. Notwithstanding the foregoing, Healthyroo and its associates’ sole and maximum liability to you under all circumstances, and your sole remedy for any claim, will be limited, to the maximum extent permitted by law, to an amount equal to the purchase price for the product. You may have additional rights for any applicable non-excludable statutory warranties. No advice or information, whether oral or written, obtained by you from us, including through the Site, will create any warranty, representation or guarantee not expressly stated in these Terms. You and any third parties that you provide any information to from the Site accept all risk and responsibility for all liability, loss, damage and any other consequences howsoever caused (whether for negligence, breach of contract, under statute or otherwise) arising (directly or indirectly) from your use of the Site (including where you submit content), the Content, the products (including your use of a product) or services offered or found on the Site.
You agree to waive any and all claims that you now have or may have in the future against Healthyroo and its associates which relate (directly or indirectly) to the Site (including your use of the Site), the Content or any product (including any purchase of product) or service offered or found on the Site. You agree to indemnify and hold Healthyroo, it associates and any third parties mentioned on the Site (“Indemnified Persons”) harmless from and against any and all claims, demands, damages, losses, costs or expenses (including reasonable solicitor fees) arising from, resulting from or relating to (directly or indirectly) your use of the Site (including any content submitted by you), the Content, the products (including your use of a product) or services offered or found on the Site or your breach of these Terms.
Healthyroo considers all personal and account information you provide us as private. The information is kept secure from outside parties. We use the information only for the limited purposes of processing your orders, to administer the Site, and to notify you of products or special offers that may be of interest to you. Your phone number may be added to the delivery label to facilitate delivery. You may request access to personal information we hold about you by contacting us.
LINKS TO OTHER WEBSITES
The Site may contain links to websites operated by other persons. The links are provided solely for your convenience, and we are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked website by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We may at any time, at our sole discretion, without liability, terminate or suspend your access to all or part of the Site for any conduct we believe is in breach of these Terms or any applicable law, if you are suspected or found to have engaged in inappropriate or fraudulent activity in connection with the use of the Site, if we are unable to authenticate or verify information you provide to us or believe that your actions may result in legal liability. Termination does not affect any accrued rights or remedies of either party. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your registration and all related information and bar any further access to the Site.
These Terms will be treated as though they were executed and performed in Sydney, New South Wales, Australia, and will be governed by the law of New South Wales and each party irrevocably submits to the exclusive jurisdiction of its courts. The language in these Terms will be interpreted as to its fair meaning and not strictly for or against either party. When used in these Terms, the term “including” will be deemed to be followed by the words “without limitation”. Part or all of any provision of these Terms that is illegal or unenforceable will be severed from these Terms and will not affect the continued operation of the remaining provisions of these Terms. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, these Terms will take precedence. Our failure to enforce any provision of these Terms will not be deemed a waiver of such provision nor of the right to enforce such provision. These Terms constitute the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the Content, products or services offered or found on the Site, and the subject matter of these Terms.You agree that regardless of any statute or law to the contrary, any claim of cause or action arising from or relating to use of the Site, the Content, the products or services offered or found on the Site or these Terms must be filed within one year after such claim or cause of action arose, or will be forever barred. The Terms are for the benefit of Healthyroo and its associates, and each of these individuals or entities will have the right to assert and enforce these provisions directly against you on its own behalf.